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People v. Peacock

Court of Appeals of the State of New York
Jul 1, 1986
68 N.Y.2d 675 (N.Y. 1986)

Summary

In People v Peacock (68 NY2d 675, 677 [1986]), the Court held that the People had no probable cause to arrest the defendant.

Summary of this case from People v. Dailey

Opinion

Argued May 29, 1986

Decided July 1, 1986

Appeal from the St. Lawrence County Court, Eugene L. Nicandri, J.

Robert H. Ballan for appellant.

Charles A. Gardner, District Attorney (Jerome J. Richards of counsel), for respondent.


MEMORANDUM.

The order of the County Court, St. Lawrence County, should be reversed and the information dismissed.

Penal Law § 205.30 defines resisting arrest as intentionally preventing or attempting to prevent a police officer "from effecting an authorized arrest". The People concede that the officer did not have any ground to believe that defendant was committing, had committed or was about to commit an offense. That being the case, defendant's arrest was not "authorized," nor did her striking his arm in reaction to the officer's attempt to detain her constitute harassment.

There being no probable cause that authorized defendant's arrest, she cannot be guilty of resisting arrest. Penal Law § 35.27, as its title indicates, is concerned with the defense of justification and does not amend Penal Law § 205.30 to make resistance to an unauthorized arrest an offense (People v Carneglia, 63 A.D.2d 734; People v Harewood, 63 A.D.2d 876; see, People v Stevenson, 31 N.Y.2d 108). To the extent that People v Simms ( 36 A.D.2d 23) and People v Lattanzio ( 35 A.D.2d 313) may be read to indicate otherwise, they are not to be followed.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

Order reversed, etc.


Summaries of

People v. Peacock

Court of Appeals of the State of New York
Jul 1, 1986
68 N.Y.2d 675 (N.Y. 1986)

In People v Peacock (68 NY2d 675, 677 [1986]), the Court held that the People had no probable cause to arrest the defendant.

Summary of this case from People v. Dailey

In People v. Peacock, (1986) 68 N.Y.2d 675,677 the court held that the people had no probable cause to arrest the defendant.

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

People v. Peacock

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHERYL A. PEACOCK…

Court:Court of Appeals of the State of New York

Date published: Jul 1, 1986

Citations

68 N.Y.2d 675 (N.Y. 1986)
505 N.Y.S.2d 594
496 N.E.2d 683

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