People v. Foster

Chief Judge Desmond.

Defendant was convicted of third degree assault committed on the person of a New York City-police officer while he was taking defendant into custody on a charge of disorderly conduct as a misdemeanor. Defendant argues that the arrest was illegal because made without a warrant (see Code Grim. Pro., § 177) and that she was thus within her rights and not guilty of criminal assault in using reasonable force to resist the officer’s efforts to detain her (see People v. Cherry, 307 N. Y. 308). It appears to us, however, that according to old and settled rules the police officer…