Legal Opinion

People v. Perez

Criminal Court of the City of New York

Decided September 20, 1974PublishedCited by 5 opinions

1Opinion of the CourtHoward E. Goldflhss, J.

The court is again called upon to make a determination of legislative intent by reason of an ápparent legislative ambiguity.

The defendant, Lorenzo Perez, is charged with violation of section 205.30 of the Penal Law in that he allegedly unlawfully resisted arrest by the complainant, a hospital special patrolman *89employed at Lincoln Hospital. Defendant, after a preliminary hearing, moves to dismiss the charge of unlawfully resisting arrest (the other charges are not germane to this motion). The basis for his motion is that complainant is not empowered by law to make an authorized arrest of his…

2Cases cited4 opinions

  1. McLoughlin v. New York Edison Co.New York Court of Appeals · 1929
  2. Velez v. SugarmanNew York Supreme Court · 1973
  3. People v. RiveraCriminal Court of the City of New York · 1973
  4. Kenler v. MurtaghNew York Supreme Court · 1960

3Cited by5 opinions

  1. People v. SmithCriminal Court of the City of New York · 1975
  2. People v. LaurenceCriminal Court of the City of New York · 1979
  3. People v. LewisCriminal Court of the City of New York · 1976
  4. Opn. No., New York Attorney General Reports1977
  5. People v. SeamanNew York District Court · 1986

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