New York Court of Appeals
Joanne Hollender v. Trump Village Cooperative, Inc., and Public Administrator of Kings County, as Administrator of…
March 30, 198358 N.Y.2d 420
Summary
The Court held that an adjournment in contemplation of dismissal (ACOD) under CPL 170.55 is not a conviction or acquittal and therefore does not bar a false imprisonment claim, but it does bar a malicious prosecution claim. The Appellate Division's dismissal of the false imprisonment claim was reversed and the order was modified, with the case remitted for further fact‑finding.