People v. Burns
New York County Courts
The defendant was brought before the police justice of the city of Syracuse without a warrant, and no written or verified information, pleaded guilty to said charge and was thereupon sentenced to imprisonment in the Onondaga penitentiary for sixty days.
1Opinion of the CourtRoss, J.
I. It is claimed that the arrest was illegal because the offense with which the defendant was charged is not a felony; and it is claimed by the defendant was not committed in the presence of the officer making the arrest, and that no warrant was issued.
The fact that no warrant was issued being conceded, the' arrest was illegal unless the People proved the facts that would justify an arrest without warrant; or unless the necessity for such proof, or for a warrant, was waived by the defendant by the plea of guilty, and such objection is available as a plea to the jurisdiction of the court or…
2Cases cited7 opinions
- People v. RathbunNew York Supreme Court · 1839
- People v. OlmstedNew York Supreme Court · 1893
- People v. CarterNew York Supreme Court · 1895
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Gunn v. WebsterNew York Supreme Court · 1894
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3Cited by14 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- People v. ScottNew York Court of Appeals · 1957
- People v. Park, New York County Courts1915
- People v. McDonald, New York County Courts1957
- People v. BellNew York County Court, Montgomery County · 1914
9 more not listed; retrieve them via the Exa API.