Legal Opinion

People v. Lopez

Criminal Court of the City of New York

Decided November 27, 1978PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Julian A. Hertz, J.

In the face of the no-sock law (Penal Law, § 35.27), what is the legal effect of citizen resistance to a groundless arrest having the following factual background?

A preliminary felony hearing discloses the following facts. On June 15, 1978, at 9:35 p.m., at the Kingsbridge Road (IND) subway platform southbound, the complaining officer, while in *125plainclothes and on anticrime patrol, was recognized by the defendant. He promptly and repeatedly shouted his observation to the world by announcing the fact that the complainant was a police officer and warning…

2Cases cited5 opinions

  1. People v. OffenCriminal Court of the City of New York · 1978
  2. People v. SanzaAppellate Division of the Supreme Court of the State of New York · 1971
  3. People v. AileyBuffalo City Court · 1974
  4. People v. Lyke, New York County Courts1973
  5. People v. LattanzioAppellate Division of the Supreme Court of the State of New York · 1970

3Cited by9 opinions

  1. Matter of Davan L.New York Court of Appeals · 1997
  2. Cover v. StateCourt of Appeals of Maryland · 1983
  3. People v. DeignanOswego City Court · 1982
  4. In re Davan L.Appellate Division of the Supreme Court of the State of New York · 1996
  5. In re Tammy M.New York City Family Court · 1981

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