New York Court of Appeals, 1974

People v. Sweting

People v. Sweting
New York Court of Appeals · Decided October 7, 1974
35 N.Y.2d 680; 319 N.E.2d 421; 361 N.Y.S.2d 158; 1974 N.Y. LEXIS 1330

People v. Sweting

Opinion of the Court

Order affirmed in the following memorandum: The alleged error in the charge was not properly protested (CPL 470.05, subd. 2). Hence, on this appeal, no question of law is available for review by this court (CPL 470.05, subd. 2; 470.35, subd. 1). Beyond this issue, there was sufficient evidence to establish the crime of resisting arrest, including an authorized arrest as required by the statute (Penal Law, § 205.30), and to support the verdict rendered.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Rabin, Stevens and Wither.*

Designated pursuant to section 2 of article VI of the State Constitution.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.