People v. Massey
| Decision Date | 08 July 1959 |
| Citation | 6 N.Y.2d 893,190 N.Y.S.2d 703 |
| Parties | , 160 N.E.2d 922 PEOPLE, Appellant, v. Eddie MASSEY, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 7 A.D.2d 850, 181 N.Y.S.2d 473.
The Court of Special Sessions of the City of New York, Borough of Queens, one justice dissenting, entered judgments convicting defendant on two informations, one charging him with assault in the third degree inflicted with hands, arms and fists upon a police officer, and with resisting arrest by such officer, and the other charging him with assault in the third degree inflicted 'with his booted feet' upon such officer, and sentencing him to serve thirty days on each information, execution of which sentences were suspended. The defendant appealed from the judgments and from the sentences.
The Supreme Court, Appellate Division, Second Department, 7 A.D.2d 850, 181 N.Y.S.2d 473, held that the record established that defendant's assault, if any, upon the officer occurred during the course of defendant's resistance to the attempt of that officer and a fellow police officer, both without a warrant, to force defendant against his will to accompany them to the station house for questioning as a suspect in the commission of a reported crime of stone throwing, a misdemeanor, and that the conduct of the police officers constituted an unlawful arrest of the defendant which justified his resistance and his counterassault upon the police officer.
The People of the State of New York appealed to the Court of Appeals, and motion was made in the Court of Appeals for enlargement of time.
The Court of Appeals, 6 N.Y.2d 778, 186 N.Y.S.2d 675, granted the motion for enlargement of time and set the case down for argument during the May, 1959 Session of the Court of Appeals.
The People of the State of New York contended in the Court of Appeals that judgment of conviction was amply sustained by the proof, and that the Appellate Division erred in reversing the convictions and dismissing the informations.
Frank D. O'Connor, Dist. Atty., Long Island City (Benj. J. Jacobson, Long Island City, and Howard D. Stave, Asst. Dist. Attys., New York City, of counsel), for appellant.
Emanuel Redfield, New York City, as amicus curiae.
Order affirmed.
All concur.
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