Malicious prosecution in New York is established if:

(1) the initiation of a proceeding;

(2) its termination favorably to the plaintiff;

(3) lack of probable cause; and

(4) malice.

See the Colon v City of New York, 60 NY2d 78 (1983).

For example, if the police file a false criminal complaint, misrepresented or falsified evidence, withheld evidence, or otherwise acted in bad faith then you may have a claim of malicious prosecution claim against the government.