Legal Opinion
In re Christopher B.
New York Family Court
Decided January 11, 1984PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Stanley Gartenstein, J.
Respondent is charged with resisting arrest (Penal Law, § 205.30), an act which if committed by an adult would constitute a class A misdemeanor. The predicate offense to which the police officer originally responded was disorderly conduct (Penal Law, § 240.20), a violation not rising to the level of a crime, and hence an act for which respondent as a juvenile cannot be found to be a juvenile delinquent (Matter of David W., 28 NY2d 589).
In support of a trial motion for dismissal, it is argued that a charge of resisting arrest can only be sustained…
2Cases cited19 opinions
- People v. McRayNew York Court of Appeals · 1980
- People v. CoffeyNew York Court of Appeals · 1963
- People v. StevensonNew York Court of Appeals · 1972
- People ex rel. Harty v. FayNew York Court of Appeals · 1961
- People v. MartinNew York Court of Appeals · 1973
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3Cited by3 opinions
- In re Charles M.Appellate Division of the Supreme Court of the State of New York · 1988
- In re Joe A.New York City Family Court · 1996
- In re Charles M.New York City Family Court · 1987