Legal Opinion
People v. Vogel
Appellate Terms of the Supreme Court of New York
Decided August 4, 1982PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment unanimously reversed, on the law, and new trial ordered.
Defendant was charged with obstructing governmental administration for attempting to free his brother from a police car after his brother had been arrested. At trial, defendant requested a jury instruction to the effect that he could not be convicted unless the jury found that the arrest of his brother was authorized. Such an instruction was not given.
In our view, the court erred in failing to give the requested instruction. Just as a defendant cannot be convicted of resisting arrest unless the…
2Cases cited6 opinions
- People v. StevensonNew York Court of Appeals · 1972
- People v. O'ConnorNew York Court of Appeals · 1931
- People v. HarewoodAppellate Division of the Supreme Court of the State of New York · 1978
- People v. RichterAppellate Division of the Supreme Court of the State of New York · 1943
- People v. AileyBuffalo City Court · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Esmont v. City of New YorkDistrict Court, E.D. New York · 2005
- People v. LupinacciAppellate Division of the Supreme Court of the State of New York · 1993
- In re Verna C.Appellate Division of the Supreme Court of the State of New York · 1988
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2008
- People v. StumppSuffolk County District Court · 1985
9 more not listed; retrieve them via the Exa API.