People v. Alston

Appellate Division of the Supreme Court of New York

People v. Alston

44 A.D.2d 821, 356 N.Y.S.2d 816, 1974 N.Y. App. Div. LEXIS 4858

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 30, 1974

StatusPublished

This text of 44 A.D.2d 821 (People v. Alston) 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

People v. Alston, 44 A.D.2d 821, 356 N.Y.S.2d 816, 1974 N.Y. App. Div. LEXIS 4858 (N.Y. Ct. App. 1974).

Pincite

Opinion

Judgment, Supreme Court, New York County, rendered on October 27, 1972, convicting defendant after a jury trial of the crimes of assault in the first degree, possession of a weapon as a felony, and resisting arrest and sentencing him to indeterminate concurrent terms of seven years, seven years and one year respectively, unanimously modified, on the law, to reverse the conviction and dismiss the charge of resisting arrest, and otherwise affirmed. There is no evidence in the record from which the jury could have concluded that the defendant when struggling with the police officers had been arrested or was in the process of being arrested. Concur — McGivern, P. J., Kupferman, Murphy, Lupiano and Lynch, JJ.

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Judgment, Supreme Court, New York County, rendered on October 27, 1972, convicting defendant after a jury trial of the crimes of assault in the first degree, possession of a weapon as a felony, and resisting arrest and sentencing him to indeterminate concurrent terms of seven years, seven years and one year respectively, unanimously modified, on the law, to reverse the conviction and dismiss the charge of resisting arrest, and otherwise affirmed. There is no evidence in the record from which the jury could have concluded that the defendant when struggling with the police officers had been arrested or was in the process of being arrested. Concur — McGivern, P. J., Kupferman, Murphy, Lupiano and Lynch, JJ.

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Bluebook (online)

44 A.D.2d 821, 356 N.Y.S.2d 816, 1974 N.Y. App. Div. LEXIS 4858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alston-nyappdiv-1974.