Legal Opinion

People v. Shepherd

New York Supreme Court

Decided September 30, 1998Published

1Opinion of the Court

*172OPINION OF THE COURT

Dominic R Massaro, J.

Was defendant “arrested” when he voluntarily surrendered himself to naval authorities and was ordered not to leave the base? Are defendant’s convictions under the Uniform Code of Military Justice “crimes”? In the reflection of New York Military Law, Andy Shepherd was so placed under arrest; but he is not guilty of committing any crime contemplated by either our military or criminal law. On this record, however, the arrest and conviction for military offenses may be utilized on the issue of defendant’s credibility.

FACTUAL SETTING

In the instant case, Mr.…

2Cases cited13 opinions

  1. Dunaway v. New YorkSupreme Court of the United States · 1979
  2. People v. SandovalNew York Court of Appeals · 1974
  3. United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
  4. People v. SchwartzmanNew York Court of Appeals · 1969
  5. Middendorf v. HenrySupreme Court of the United States · 1976

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