People v. O'Connor
| Decision Date | 17 November 1931 |
| Citation | 178 N.E. 762,257 N.Y. 473 |
| Parties | PEOPLE v. O'CONNOR. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
James J. O'Connor was convicted of resisting an officer while ‘in the performance of his duty.’ The conviction was affirmed by the Schenectady County Court, and he appeals.
Reversed, and information dismissed.
Appeal from Schenectady County Court.
W. D. Smith, of Schenectady, for appellant.
Roy W. Peters, Dist. Atty., of Schenectady (J. W. Collamer, of Schenectady, of counsel), for respondent.
The conviction was for the crime of resisting an officer while ‘in the performance of his duty,’ under section 1825 of the Penal Law (Consol. Laws, c. 40). The arrest of the prisoner was for the commission of a misdemeanor. 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.
Judgments reversed, etc.
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...an unauthorized action. People v. Vogel, 116 Misc.2d 332, 457 N.Y.S.2d 666 (App.Term, 2d Dept.1982), citing People v. O'Connor, 257 N.Y. 473, 178 N.E. 762 (1931). Additionally, a defendant cannot be convicted of Resisting Arrest when the arrest is unauthorized. People v. Peacock, 68 N.Y.2d ......
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People v. McErlean
...and seizure incident to an arrest for a misdemeanor denotes a search and seizure after the arrest and not before it. (People v. O'Connor, 257 N.Y. 473, 178 N.E. 762; People v. Yarmosh, 11 N.Y.2d 397, 400, 230 N.Y.S.2d 185, 187, 184 N.E.2d 165, 166; People v. Moore, 11 N.Y.2d 271, 228 N.Y.S.......
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...of an official function unless it be proved that the official function was an authorized one"); see also People v. O'Connor, 257 N.Y. 473, 474, 178 N.E. 762 (1931) (warrantless arrest of defendant for a misdemeanor not committed in the presence of the arresting officer was illegally made, a......
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...in the performance of an official function unless it be proved that the official function was an authorized one (see People v. O'Connor , 257 NY 473, 178 N.E. 762 ; People v. Richter , 265 App.Div. 767, 40 N.Y.S.2d 751 ; People v. Ailey , 76 Misc 2d 589, 350 N.Y.S.2d 981 ). When the officia......