People v. Thomson
| Decision Date | 13 December 1968 |
| Citation | 310 N.Y.S.2d 1,62 Misc.2d 837 |
| Parties | The PEOPLE of The State of New York, Respondent, v. Neale M. THOMSON, Appellant. |
| Court | New York Supreme Court — Appellate Term |
William G. Kerwick, Kew Gardens, for appellant.
William Cahn, Dist. Atty. (William J. Corbett, of counsel), for respondent.
Before HOGAN, P.J., and GULOTTA and GLICKMAN, JJ.
Judgment of conviction on the charge of harassment affirmed. Judgment of conviction on the charge of resisting arrest reversed on the law and facts and said count dismissed.
There is no evidence in the record to indicate that the defendant was either under arrest or in the process of being arrested at the time of the altercation with the police officer. Under the circumstances the People failed to establish beyond a reasonable doubt that the defendant intentionally prevented or attempted to prevent the officer from effecting an authorized arrest.
All concur.
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People v. Coldiron
... ... Dioquardo, 303 N.Y. 514, 104 N.E.2d 881; People v. Easton, 307 N.Y. 336, 339, 121 N.E.2d 357; People v. Thomson, 62 Misc.2d 838, 839, 310 N.Y.S.2d 1). The Defendant is adequately apprised of the charge against her and is sufficiently protected from the hazard of double jeopardy by the specifics set forth in the information (People v. Zambounis, 251 N.Y. 94, 167 N.E. 183; People v. Schultz, 301 N.Y. 495, 95 ... ...