Legal Opinion
People v. Clergeot
Appellate Terms of the Supreme Court of New York
Decided July 2, 2008PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgments of conviction reversed as a matter of discretion in the interest of justice and matter remanded to the court below for a new trial in accordance with the decision herein.
Defendant asserts that the accusatory instrument charging him with resisting arrest was facially insufficient because it failed to allege facts that would establish, if true, that the arrest was authorized (see CPL 100.15 [3]; 100.40 [1] [cl; Penal Law *89§ 205.30). He notes that the accusatory instrument did not name the underlying offense for which he was being arrested at the time that…
2Cases cited7 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
- People v. AlejandroNew York Court of Appeals · 1987
- Wallace v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2001
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. CanjuraAppellate Terms of the Supreme Court of New York · 2014
- People v. AitkensAppellate Terms of the Supreme Court of New York · 2014
- People v. ClergeotAppellate Terms of the Supreme Court of New York · 2010
- People v. Price (Steven)Appellate Terms of the Supreme Court of New York · 2018