Legal Opinion

People v. Jones

Syracuse City Court

Decided April 15, 1981PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Louis H. Mariani, J.

Defendant is charged with resisting arrest (Penal Law, § 205.30), and makes this motion for dismissal of the accusatory instrument on the ground that the underlying arrest was unlawful and, therefore, the resisting arrest charge must fail.

The charge arises from the following alleged facts. On December 4, 1980, at approximately 9:28 p.m., Officer James Boynton observed a maroon Buick with a wired-on license plate heading west on Warner Avenue in the 100 block. Suspicious of the vehicle because he had noticed that there were no stickers of inspection or.…

2Cases cited8 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. People v. HowardNew York Court of Appeals · 1980
  4. People v. HarewoodAppellate Division of the Supreme Court of the State of New York · 1978
  5. People v. PhillipsNew York Court of Appeals · 1940

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3Cited by1 opinion

  1. People v. AtkinsonNew York Supreme Court · 1982

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