People v. O'Connor

1931 N.Y. LEXIS 880 · New York Court of Appeals · Nov 17, 1931

Full text

The People of the State of New York, Respondent, v. James J. O’Connor, Appellant

Per Curiam. The conviction was for the crime of resisting an officer while “ in the performance of his duty,” under section 1825 of the Penal Law. The arrest of the prisoner was for the commission of a misdemeanor. *474 This crime had not been committed in the presence of the arresting officer; nor did the officer hold a warrant for the arrest. Therefore, the arrest was illegally made; the officer had no right to search the prisoner; the prisoner did not resist an officer in the performance of any duty; and no crime was committed. The judgments should be reversed and the information dismissed. Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur. Judgments reversed, etc.

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Metadata

Status: Published
Author
Judges: <italic>Per Curiam.</italic>
Cluster ID: 3648152

Citations

1931 N.Y. LEXIS 880
257 N.Y. 473
178 N.E. 762

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People v. Vogel
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People v. Briggs

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Parentheticals

warrantless arrest of defendant for a misdemeanor not committed in the presence of the arresting officer was illegally made, and therefore defendant could not be convicted of resisting an officer while “in the performance of his duty”
Houghton v. Culver