People v. Manasek

• Decision Date: 20 January 1964
• Citation: 20 A.D.2d 661,246 N.Y.S.2d 567
• Parties: The PEOPLE of the State of New York, Respondent, v. Rudolph MANASEK, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 567

246 N.Y.S.2d 567

20 A.D.2d 661

The PEOPLE of the State of New York, Respondent, v. Rudolph MANASEK, Appellant.

Supreme Court, Appellate Division, Second Department.

Jan. 20, 1964.

Michael I. Winter, Brooklyn, for appellant.

Leonard Rubenfeld, Dist. Atty., White Plains, for respondent; James J. Duggan, Tuckahoe, of counsel.

Before BELDOCK, P. J., and CHRIST, BRENNAN, HILL and RABIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the County Court, Westchester County, rendered May 24, 1962 after a jury trial, convicting him of felonious possession of burglar's instruments, unlawful impersonation of a police officer and petit larceny (two counts), and imposing sentence upon him as a fourth felony offender. The defendant also appeals 'from each and every intermediate order' made in this action.

Judgment modified on the law as follows: (1) by striking out the provision convicting defendant of the crime of unlawfully impersonating a police officer and the sentence of one year imposed therefor; (2) by severing the count in the indictment charging the commission of such crime; and (3) by granting a new trial upon such count. As so modified, the judgment is affirmed. The findings of fact implicit in the jury's verdict are affirmed.

The court submitted the count of false impersonation of a police officer to the jury under the wrong statute and thus reversal on that count (to which the District Attorney has consented) is required.

When the police detective asked the defendant for identification, that request was not an arrest or unlawful detention (People v. Entrialgo, 19 A.D.2d 509, 245 N.Y.S.2d 850, December 2, 1963; cf. People v. Marendi, 213 N.Y. 600, 608, 107 N.E. 1058, 1060). The defendant did not identify himself. Instead, he flashed a police officer's badge and said that he was a police officer; that he represented the White Plains Police Department; that he was working on a case, and that the detective would ruin the case if he did not let the defendant go. The detective who knew that the defendant was not a police officer in the White Plains Police Department, placed the defendant under arrest.

Under section 931 of the Penal Law, the defendant's conduct and statements constituted a crime, namely, the false personation of a police officer (cf. People v. Lafaro, 250 N.Y. 336, 342, 343, 165 N.E. 518, 520, 521; People v. Chapman, 13 N.Y.2d 97, 242 N.Y.S.2d 200, 192 N.E.2d 160); and therefore the arrest, the...