Legal Opinion

People v. Cherry

New York Court of Appeals

Decided July 14, 1954PublishedCited by 52 opinions

1Opinion of the CourtFuld, J.

Defendant, a plumber by trade, doing absolutely nothing improper, doing nothing, indeed, even to excite suspicion, was accosted and seized by two strangers, in ordinary street attire, claiming to be police officers, late at night as he was about to enter his home. "What citizen would do less, if resistance, concededly permissible, was to be effective, than defendant did in this case? He used no artificial or man-made weapon of any sort, relying solely on those supplied by nature, his hands and his teeth.

The police officers were, as everyone acknowledges, guilty of an illegal arrest and an…

Also in this document: Dissent.

2Cases cited6 opinions

  1. Snead v. . BonnoilNew York Court of Appeals · 1901
  2. Magar v. . HammondNew York Court of Appeals · 1906
  3. People v. O'ConnorNew York Court of Appeals · 1931
  4. People v. . LumsdenNew York Court of Appeals · 1911
  5. People v. SemikoffCalifornia Court of Appeal · 1934

1 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Gray v. StateAlaska Supreme Court · 1970
  2. United States v. Piero Heliczer, Jack William Martin, Iii, and Jack v. SmithCourt of Appeals for the Second Circuit · 1967
  3. State v. KoonceNew Jersey Superior Court Appellate Division · 1965
  4. State v. ValentineWashington Supreme Court · 1997
  5. Squadrito v. GriebschNew York Court of Appeals · 1956

47 more not listed; retrieve them via the Exa API.

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