New York Court of Appeals, 1964

People v. Allen

New York Court of Appeals · Decided November 19, 1964

15 N.Y.2d 558; 202 N.E.2d 911; 254 N.Y.S.2d 369; 1964 N.Y. LEXIS 835

Cases that cite this one

2 later published cases cite this decision.

United States v. McCarthy (District Court, E.D. New York 1966)
People v. Goodman (N.Y. 1986)

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

Judgment reversed and information dismissed. The physical attack on the arresting policeman was a part of resistance to an unlawful arrest (People v. Dreares, 15 A D 2d 204, affd. 11 N Y 2d 906) and it was not excessive in degree (People v. Cherry, 307 N. Y. 308). On the People’s proof in support of an assault, it appears that the physical attack attributed to defendant was not an unrelated occurrence but was in close sequence to and a part of resistance to the arrest.

Concur: Chief Judge Desmond and Judges Fold, Van Voorhis, Burke and Bergan. Judges Dye and Scileppi dissent and vote to affirm.

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