People v. Dreares
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Breitel, J. P.
Defendant was convicted of assault in the third degree (Penal Law, § 244), after trial in the Court of Special Sessions. The prosecution resulted from his having violently resisted arrest by Transit Authority police upon a charge of loitering in a subway station (Penal Law, § 1990-a, subd. 2), a charge of which defendant was later acquitted.
The subway station in question is an unusually large one, with extended, wide platform and mezzanine levels. It is common knowledge that crimes have occurred in the recesses of such platforms, and this court has had cases involving crimes of…
2Cases cited15 opinions
- Coverstone v. DaviesCalifornia Supreme Court · 1952
- State v. MobleySupreme Court of North Carolina · 1954
- People v. BellNew York Court of Appeals · 1953
- People v. CherryNew York Court of Appeals · 1954
- Ryan v. ConoverOhio Court of Appeals · 1937
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3Cited by10 opinions
- McGrath v. GoldNew York Court of Appeals · 1975
- People v. GoodmanNew York Court of Appeals · 1986
- People v. DixonMichigan Court of Appeals · 1973
- United States v. McCarthyDistrict Court, E.D. New York · 1966
- Wolin v. Port of New York AuthorityDistrict Court, S.D. New York · 1967
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