Legal Opinion
People v. Carroll
Rochester City Court
Decided November 21, 2008PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Ellen M. Yacknin, J.
Introduction
In separate accusatory instruments, defendant Timothy C. Carroll is charged with the violation of harassment in the second degree and the misdemeanor of resisting arrest. The resisting arrest accusatory instrument accuses defendant of resisting a police officer’s attempt to take him into custody following a citizen’s arrest of defendant for the noncriminal violation.
As drafted, the resisting arrest charge raises critical issues regarding the complex relationships between the laws governing police arrests, citizen’s arrests, and the crime of…
2Cases cited16 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- People v. BigelowNew York Court of Appeals · 1985
- People v. AlejandroNew York Court of Appeals · 1987
- People v. CaseyNew York Court of Appeals · 2000
- Curry v. City Of SyracuseCourt of Appeals for the Second Circuit · 2003
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Regels v. GiardonoDistrict Court, N.D. New York · 2015