Legal Opinion
People v. Felton
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1991PublishedCited by 10 opinions
1Opinion of the Court
Order affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in decision at County Court (Wisner, J.). We add that the People’s reliance on Penal Law § 35.27 on this suppression motion is misplaced. That section relates only to the defense of "[¡justification; use of physical force in resisting arrest prohibited” (Penal Law § 35.27) and, under the circumstances of this case, does not provide a substantive basis for the officer’s arrest or attempted arrest of defendant.
Furthermore, the indictment must be dismissed since the unsuccessful appeal by the People precludes all…
2Cases cited3 opinions
- Forte v. Supreme CourtNew York Court of Appeals · 1979
- People v. CasadeiNew York Court of Appeals · 1985
- People v. CasadeiAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by10 opinions
- People v. MoxleyAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BartholomewAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CarusoAppellate Division of the Supreme Court of the State of New York · 1991
- People v. RyanAppellate Division of the Supreme Court of the State of New York · 1993
- BARTHOLOMEW, JOSEPH J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
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