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People v. O'Connor

Court of Appeals of the State of New York
Nov 17, 1931
178 N.E. 762 (N.Y. 1931)

Summary

In People v. O'Connor (257 N.Y. 473 [1931]) the defendant had been arrested by a policeman for driving an automobile while intoxicated and for assault in the third degree.

Summary of this case from People v. Fidler

Opinion

Argued September 30, 1931

Decided November 17, 1931

Appeal from the Schenectady County Court.

W.D. Smith and H.E. Blodgett for appellant.

Roy W. Peters, District Attorney ( J.W. Collamer of counsel), for respondent.


The conviction was for the crime of resisting an officer while "in the performance of his duty," under section 1825 of the Penal Law. The arrest of the prisoner was for the commission of a misdemeanor. This crime had not been committed in the presence of the arresting officer; nor did the officer hold a warrant for the arrest. Therefore, the arrest was illegally made; the officer had no right to search the prisoner; the prisoner did not resist an officer in the performance of any duty; and no crime was committed.

The judgments should be reversed and the information dismissed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.

Judgments reversed, etc.


Summaries of

People v. O'Connor

Court of Appeals of the State of New York
Nov 17, 1931
178 N.E. 762 (N.Y. 1931)

In People v. O'Connor (257 N.Y. 473 [1931]) the defendant had been arrested by a policeman for driving an automobile while intoxicated and for assault in the third degree.

Summary of this case from People v. Fidler

In People v. Cherry, the defendant, late at night, about to enter his home, was seized by two persons claiming to be police officers.

Summary of this case from People v. Gallo

In People v. O'Connor, defendant was arrested without a warrant, for a crime not committed in the presence of the officer.

Summary of this case from People v. Gallo
Case details for

People v. O'Connor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES J. O'CONNOR…

Court:Court of Appeals of the State of New York

Date published: Nov 17, 1931

Citations

178 N.E. 762 (N.Y. 1931)
178 N.E. 762

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The arrest and detention without a warrant was, therefore, unlawful and illegal. (People v. O'Connor, 257…