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People v. McNeil

Court of Appeals of the State of New York
Jan 7, 1965
204 N.E.2d 648 (N.Y. 1965)

Opinion

Submitted December 1, 1964

Decided January 7, 1965

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, AMBROSE J. HADDOCK, P.J., EDWARD T. GALLOWAY and DORIS I. BYRNE, JJ.

Ivan A. Michael for appellant.

Isidore Dollinger, District Attorney ( Walter E. Dillon of counsel), for respondent.


Judgment affirmed in a memorandum. The physical attack by the defendant on the uniformed arresting officer cannot, under the circumstances, be considered reasonable resistance to an unlawful arrest. Such combative behavior, stemming from an initial, reasonable request by the policeman that defendant identify himself for the purpose of receiving a summons for jaywalking and occurring, as it did, at a time and place removed from that at which he was taken into custody, must, instead, be viewed as a "counterattack [pursued] merely for the sake of revenge or the infliction of needless injury". ( People v. Cherry, 307 N.Y. 308, 311.)

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Summaries of

People v. McNeil

Court of Appeals of the State of New York
Jan 7, 1965
204 N.E.2d 648 (N.Y. 1965)
Case details for

People v. McNeil

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE B. McNEIL…

Court:Court of Appeals of the State of New York

Date published: Jan 7, 1965

Citations

204 N.E.2d 648 (N.Y. 1965)
204 N.E.2d 648
256 N.Y.S.2d 614

Citing Cases

People v. Turner

I do not believe the order to be improper, but quite aside from the import of a refusal to obey that order (a…

United States v. McCarthy

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