Legal Opinion
People v. Maksymenko
Appellate Terms of the Supreme Court of New York
Decided May 19, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Appeal by the People from a pretrial order (105 Misc 2d 368) dismissing the accusatory instrument which charged defendant with harassment (Penal Law, § 240.25) and resisting arrest (Penal Law, § 205.30).
Order affirmed.
In our opinion, a court is without authority to hold a pretrial hearing to test the validity of defendant’s arrest. The court erred in terming such motion as one to “suppress the arrest” because no such motion exists. However, upon *172an examination of the issues raised in the motion papers and at the hearing, in the interest of justice, we construe…
2Cases cited5 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Brinegar v. United StatesSupreme Court of the United States · 1949
- People v. IngleNew York Court of Appeals · 1975
- People v. HallNew York Court of Appeals · 1979
- People v. MaksymenkoCriminal Court of the City of New York · 1980
3Cited by4 opinions
- People v. LalkaRochester City Court · 1982
- People v. YoungCriminal Court of the City of New York · 1984
- People v. NevilleValley Stream Justice Court · 2002
- State v. WilsonMissouri Court of Appeals · 1988