Legal Opinion
Dougherty v. Weinert
Appellate Terms of the Supreme Court of New York
Decided December 7, 2005PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered November 22, 2004 reversed, with $10 costs, and plaintiffs motion denied.
Defendant was arrested in December 2002, following an incident on a subway platform. Charged with felonious assault on a police officer, she ultimately pleaded guilty to resisting arrest, a misdemeanor. In her plea allocution, she admitted to having interfered with the arrest of her brother, during which time she “struggled with the officer.”
Plaintiff, one of the arresting officers, subsequently brought the within action for assault and battery stemming from this incident. In granting…
3Cases cited3 opinions
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Charkhy v. AltmanAppellate Division of the Supreme Court of the State of New York · 1998
- Olsson v. MacDonaldAppellate Division of the Supreme Court of the State of New York · 2005
4Cited by1 opinion
- Cruz v. LiberatoreDistrict Court, S.D. New York · 2008