New York Court of Appeals, 1931

People v. O'Connor

People v. O'Connor
New York Court of Appeals · Decided November 17, 1931 · <italic>Per Curiam.</italic>
178 N.E. 762; 257 N.Y. 473; 1931 N.Y. LEXIS 880 (North Eastern Reporter)
People v. O'Connor

Cases that cite this one

23 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

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.