Legal Opinion
People v. Peacock
New York Court of Appeals
Decided July 1, 1986PublishedCited by 67 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the County Court, St. Lawrence County, should be reversed and the information dismissed.
Penal Law § 205.30 defines resisting arrest as intentionally preventing or attempting to prevent a police officer "from effecting an authorized arrest”. The People concede that the *677officer did not have any ground to believe that defendant was committing, had committed or was about to commit an offense. That being the case, defendant’s arrest was not "authorized,” nor did her striking his arm in reaction to the officer’s attempt to detain her constitute harassment.
2Cases cited5 opinions
- People v. StevensonNew York Court of Appeals · 1972
- People v. HarewoodAppellate Division of the Supreme Court of the State of New York · 1978
- People v. SimmsAppellate Division of the Supreme Court of the State of New York · 1971
- People v. CarnegliaAppellate Division of the Supreme Court of the State of New York · 1978
- People v. LattanzioAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by67 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- People v. AlejandroNew York Court of Appeals · 1987
- Essex Hayward v. Cleveland Clinic Found.Court of Appeals for the Sixth Circuit · 2014
- People v. JensenNew York Court of Appeals · 1995
- Carl Nelson v. George Jashurek, PatrolmanCourt of Appeals for the Third Circuit · 1997
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