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Egan v. State

255 A.D. 825, 7 N.Y.S.2d 64, 1938 N.Y. App. Div. LEXIS 5440
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 7, 1938
DocketClaim No. 24476
StatusPublished
Cited by11 cases

This text of 255 A.D. 825 (Egan v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Egan v. State, 255 A.D. 825, 7 N.Y.S.2d 64, 1938 N.Y. App. Div. LEXIS 5440 (N.Y. Ct. App. 1938).

Opinion

—Judgment affirmed, with costs. Memorandum: On sufficient evidence, the court below found that the State Police sergeant failed to make a reasonably careful examination of the Egan car to determine whether it was the one for which he was looking, failed to inform the claimants that he was a police officer and of the nature of the charge against them, before he attempted to place them under arrest, and that he was negligent in these particulars. Unless a felony is being committed in his presence, a peace officer, who attempts to make an arrest without a warrant, must disclose his authority and inform the person to be arrested of the nature of the charge against him. (Code Crim. Proc. § 180; People v. Marendi, 213 N. Y. 600, 609.) The facts as found bring these cases within the provisions of sections 12-a and 26 of the Court of Claims Act. (Kline v. State of New York, 253 App. Div. 788; affd., 278 N. Y. 615.) All concur. (The judgment awards claimant damages for personal injuries sustained by reason of an assault by a member of the State Police.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
255 A.D. 825, 7 N.Y.S.2d 64, 1938 N.Y. App. Div. LEXIS 5440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egan-v-state-nyappdiv-1938.