More details about MTSI are available online at wwwnysbaorgmtsi or contact Kim

More details about mtsi are available online at

This preview shows page 125 - 129 out of 134 pages.

More details about MTSI are available online at or contact Kim Francis at [email protected] S ocialize W ith U s! Keep up to date with the latest information on Mock Trial. Follow us on social media! @nysmocktrial Visit our website to learn about our other Law, Youth & Citizenship civic education programs.
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 120 This page left intentionally blank.
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 121-New STATE OF NEW YORK SUPREME COURT: COUNTY OF DOVER ROBIN BERKMAN, Plaintiff v. COUNTY OF DOVER, Defendants. Index No. 2016-00914 VERIFIED COMPLAINT Plaintiff, Robin Berkman, by and through his/her attorneys, Smythe & Smith, LLP, for and as his/her Complaint against the County of Dover, respectfully alleges as follows: 1. Plaintiff is, and at all times mentioned was, residing at 412 East Broadway, Apartment 2D, Wilmington, County of Dover, State of New York. 2. Defendants, County of Dover, is, and at all times mentioned was, located in the State of New York. 3. Leslie Smith is, and at all times mentioned was, employed as a detective in the Dover Co unty Sheriff’s Department. 4. Plaintiff is informed and believes and therefore alleges that the County of Dover, by and through the actions of Detective Leslie Smith, is responsible, as set forth below, for the occurrences and injuries alleged in this complaint. 5. On April 12, 2012, defendants, by and through the actions of Detective Leslie Smith, caused an indictment to be filed against plaintiff, instituting a criminal action against
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2016-2017 Mock Trial Case Final Version with 2/7/2017 edits 122-New plaintiff in the Supreme Court of the County of Dover. In the action, defendants alleged that plaintiff, on or about the 17 th day of December 2011, committed the crimes of Attempted Murder in the Second Degree and Robbery in the First Degree. The action was entitled People of the State of New York against Robin Berkman, Indictment No. 2012-2020. A copy of the indictment filed in the action is attached as Exhibit 1 to this complaint and incorporated by reference. 6. Plaintiff was convicted on both criminal charges on February 14, 2013 and was incarcerated in a state correctional facility for 3 years. 7. In or about March 2016, the District Attorney of Dover County requested that the Supreme Court dismiss the criminal charges against plaintiff, the charges were dismissed and plaintiff was released from the correctional facility on March 31, 2016. 8. Defendants, by and through the actions of Detective Leslie Smith, acted without probable cause in prosecuting plaintiff on the charges set forth in the indictment and did not honestly and reasonably believe that there were valid grounds for the action since Detective Leslie Smith had no reason to believe plaintiff had committed the criminal offenses.
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  • Test, The Land, attorney, Mock Trial Subcommittee

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