Andrea Smith-Hunter, Appellant v. Jonathan Harvey, Respondents

Summary

The New York Court of Appeals reversed the Appellate Division and denied defendants' summary judgment, holding that a dismissal under CPL 30.30 is a termination of the criminal proceeding in favor of the accused for purposes of a malicious prosecution claim. The court reasoned that such a dismissal is final, not inconsistent with innocence, and therefore satisfies the favorable termination element.