Legal Opinion
People v. Tedesche
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1957PublishedCited by 6 opinions
1Per curiam
The defendant, while in the custody of a police officer who told him he was under arrest, broke away and escaped. Through the interference of a crowd, the officer was prevented from immediately reapprehending the defendant or pursuing him. The charge for which the defendant was arrested was the illegal sale of fireworks, which is a misdemeanor by virtue of section 1894-a of the Penal Law.
Absent a warrant, a police officer may only arrest a defendant charged with a misdemeanor if the crime is committed in his presence (Code Crim. Pro. § 177; People v. Cherry, 307 N. Y. 308; People v. O’Connor,…
2Cases cited2 opinions
- People v. CherryNew York Court of Appeals · 1954
- People v. O'ConnorNew York Court of Appeals · 1931
3Cited by6 opinions
- State v. SchlothauerNebraska Supreme Court · 1980
- People v. PiwowarAppellate Division of the Supreme Court of the State of New York · 1984
- People v. AllahNew York Supreme Court · 1981
- Jimenez v. VargasDistrict Court, E.D. New York · 2025
- Miguel Jimenez v. Trooper Jose Vargas, Sergeant Randy Smith and Trooper Edwardo AriasDistrict Court, E.D. New York · 2026
1 more not listed; retrieve them via the Exa API.