From Casetext: Smarter Legal Research

People v. Parker

Court of Appeals of the State of New York
Oct 11, 1973
33 N.Y.2d 669 (N.Y. 1973)

Opinion

Argued September 20, 1973

Decided October 11, 1973

Appeal from the Supreme Court in the First Judicial Department, ALOYSIUS J. MELIA, J.

Allen E. Burns and William E. Hellerstein for appellant.

Frank S. Hogan, District Attorney ( Alan L. Kovacs and Michael R. Juviler of counsel), for respondent.


Order modified in accordance with the following memorandum, and, as so modified, affirmed: Although we find the evidence of harassment sufficient to establish the defendant's guilt of that violation beyond a reasonable doubt, we conclude that her conviction for attempted resisting arrest should be reversed, the charge dismissed and the fine remitted on the ground that, as candidly and forthrightly conceded by the District Attorney, the People failed to prove that the arrest in question was authorized as is required by section 205.30 of the Penal Law.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.


Summaries of

People v. Parker

Court of Appeals of the State of New York
Oct 11, 1973
33 N.Y.2d 669 (N.Y. 1973)
Case details for

People v. Parker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARY PARKER, Appellant

Court:Court of Appeals of the State of New York

Date published: Oct 11, 1973

Citations

33 N.Y.2d 669 (N.Y. 1973)
348 N.Y.S.2d 982
303 N.E.2d 707

Citing Cases

People v. Jensen

Defendant also argues that the charge of resisting arrest must be dismissed because the attempted arrest was…

People v. Brimmage

"A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police…