People v. O'Connor
Cases that cite this one
23 later published cases cite this decision.
- People v. Tinston (New York City Magistrates' Court 1957)
- People v. Gallo (New York City Magistrates' Court 1954)
- People v. Stewart (City of New York Municipal Court 1944)
- Houghton v. Culver (District Court, W.D. New York 2006)
- People v. Joseph (Criminal Court of the City of New York 1992)
- People v. Gallo (New York City Magistrates' Court 1955)
- People v. Fidler (Appellate Division of the Supreme Court of New York 1952)
- People v. Brukner (Ithaca City Court 2015)
- People v. Rodriquez (Criminal Court of the City of New York 2008)
- People v. Vogel (Appellate Terms of the Supreme Court of New York 1982)
- People v. Briggs (Appellate Division of the Supreme Court of New York 1966)
- People v. Ross (Appellate Division of the Supreme Court of New York 1963)
- People v. Moore (N.Y. 1962)
- People v. McErlean (Criminal Court of the City of New York 1962)
- People v. Foster (N.Y. 1961)
- People v. Stevens (New York County Courts 1959)
- People v. Papp (New York Court of General Session of the Peace 1959)
- People v. Tedesche (Appellate Division of the Supreme Court of New York 1957)
- People v. Cherry (N.Y. 1954)
- People v. Pilkington (New York County Courts 1951)
- Rose v. McKean (New York Supreme Court 1948)
- People v. McCarthy (New York Supreme Court 1947)
- People v. Richter (Appellate Division of the Supreme Court of New York 1943)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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. *474 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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.