People v. Harewood
| Decision Date | 01 June 1978 |
| Citation | 406 N.Y.S.2d 44,63 A.D.2d 876 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Martin HAREWOOD, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
A. Alpert, New York City, for respondent.
A. H. Rossmer, New York City, for defendant-appellant.
Before LUPIANO, J. P., and BIRNS, SILVERMAN, MARKEWICH and SULLIVAN, JJ.
Judgment, Supreme Court, New York County, rendered April 7, 1975, convicting defendant of resisting arrest, PL § 205.30, and sentencing him to probation for a period of three years, is unanimously reversed, on the law, and a new trial ordered on the fourth count of the indictment (resisting arrest).
Defendant, indicted for several counts of the crimes of assault in the second degree, resisting arrest, harassment, and disorderly conduct, was acquitted by the jury on all counts except one count of resisting arrest. An essential element of the crime of resisting arrest is that the arrest involved be "an authorized arrest." PL § 205.30. And the trial judge at several places so charged but at least twice having said that, the trial judge quoted PL § 35.27 (the No Sock Law) which forbids the use of physical force to resist an arrest whether authorized or unauthorized, and further said, apparently as to the crime of resisting arrest:
Transcript p. 1008, see also p. 1023.
Allowing for idiosyncrasies of punctuation and possible errors of transcription, it still appears to us that this portion of the charge probably left the jury with the impression that if the defendant used physical force to resist an unauthorized arrest, the defendant would be guilty of resisting arrest. In this respect, the charge was erroneous. PL § 35.27 does not create a new crime; it is...
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