People v. McNeil

New York Court of Appeals

People v. McNeil

204 N.E.2d 648, 15 N.Y.2d 717, 256 N.Y.S.2d 614, 1965 N.Y. LEXIS 1705

CourtNew York Court of Appeals

DecidedJanuary 7, 1965

StatusPublished

Cited by1 cases

This text of 204 N.E.2d 648 (People v. McNeil) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McNeil, 204 N.E.2d 648, 15 N.Y.2d 717, 256 N.Y.S.2d 614, 1965 N.Y. LEXIS 1705 (N.Y. 1965).

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Opinion

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.

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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.

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Bluebook (online)

204 N.E.2d 648, 15 N.Y.2d 717, 256 N.Y.S.2d 614, 1965 N.Y. LEXIS 1705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcneil-ny-1965.

Opinion

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