Legal Opinion

People v. Alamo

New York Court of Appeals

Decided February 19, 1969PublishedCited by 45 opinions

1Opinion of the CourtBergan, J.

Defendant was indicted for assault, second degree, upon a police officer and resisting a police officer in discharge of duty, a misdemeanor (former Penal Law, § 1851). After a trial he was convicted by the jury of the lesser degree of assault (third degree, a misdemeanor) and of violation of section 1851. A reformatory sentence was imposed.

There is conflicting testimony on the assault and resisting the officer, but the jury could well have found the policeman’s version of the events true. The policeman spent a week in bed as a result of the attack, was on crutches for three weeks and absent…

2Cases cited8 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. People v. SorgeNew York Court of Appeals · 1950
  3. People v. . WebsterNew York Court of Appeals · 1893
  4. People v. . Van GaasbeckNew York Court of Appeals · 1907
  5. People v. . CasconeNew York Court of Appeals · 1906

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3Cited by45 opinions

  1. People v. CookNew York Court of Appeals · 1975
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2006
  3. Pantazes v. StateCourt of Appeals of Maryland · 2003
  4. People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1980

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