People v. Dreares

Citation228 N.Y.S.2d 467,11 N.Y.2d 906
Parties, 182 N.E.2d 812 The PEOPLE, etc., Appellant, v. Albert DREARES, Respondent.
Decision Date26 April 1962
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 15 A.D.2d 204, 221 N.Y.S.2d 819.

The defendant was charged with assault in the third degree. The prosecution resulted from his having violently resisted arrest by Transit Authority police on a charge of loitering in a subway station in violation of the Penal Law, Consol.Laws, c. 40, § 1990-a, subd. 2, a charge of which he was later acquitted.

The defendant was convicted in the Court of Special Sessions of the City of New York of assault in the third degree in violation of the Penal Law, § 244, and he appealed.

The Appellate Division, Breitel, J. P., reversed the judgment on the law only, dismissed the information, and held that the acquittal of the defendant on a charge of loitering established that his arrest was unlawful, so that he was entitled to resist arrest with reasonable force.

The People of the State of New York appealed to the Court of Appeals, contending that the acquittal of the defendant for loitering was not an adjudication that his arrest for loitering was unlawful, and that since the arrest of the defendant for loitering was lawful, the assault upon the arresting officer was without justification.

Frank S. Hogan, New York City (H. Richard Uviller and Frederick J. Murphy, New York City, of counsel), for appellant.

Stanley Hendricks, New York City, for defendant-respondent.

Order affirmed.

All concur except DESMOND, C. J., and FULD and BURKE, JJ., who dissent and vote to reverse and to reinstate the conviction upon the ground that the arrest was in all respects lawful.

To continue reading

Request your trial
28 cases
  • People v. Turner
    • United States
    • New York Supreme Court — Appellate Term
    • November 12, 1965
    ...Allen, 15 N.Y.2d 558, 559, 254 N.Y.S.2d 369, 202 N.E.2d 911; People v. Dreares, 15 A.D.2d 204, 221 N.Y.S.2d 819, affd. 11 N.Y.2d 906, 228 N.Y.S.2d 467, 182 N.E.2d 812; People v. Cherry, 307 N.Y. 308, 121 N.E.2d 238). 'Lacking the essential warrant, having abused the authority which was thei......
  • People v. Goodman
    • United States
    • New York Court of Appeals
    • December 18, 1986
    ...in a criminal case as well. In People v. Dreares (15 A.D.2d 204, 206-207, 221 N.Y.S.2d 819 [Breitel, J.], affd. on opn. 11 N.Y.2d 906, 228 N.Y.S.2d 467, 182 N.E.2d 812), the defendant was acquitted in the first prosecution of loitering in a subway station, but was convicted in the second pr......
  • People v. Roach
    • United States
    • United States State Supreme Court (New York)
    • September 28, 1964
    ...and involuntary confessions. I do not find People v. Dreares, supra, 15 A.D.2d 204, 221 N.Y.S.2d 819, affd. 11 N.Y.2d 906, 228 N.Y.S.2d 467, 182 N.E.2d 812, inconsistent with my ruling. Dreares was not a search and seizure issue or even a collateral consequence (false arrest) issue. It invo......
  • People v. Plevy
    • United States
    • New York Court of Appeals
    • December 22, 1980
    ...in the defendant's favor would also be constitutionally precluded by the double jeopardy clause (see, e. g., People v. Dreares, 11 N.Y.2d 906, 228 N.Y.S.2d 467, 182 N.E.2d 812; cf. People v. Berkowitz, supra, 50 N.Y.2d at pp. 343-344, 428 N.Y.S.2d 927, 406 N.E.2d ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT