People v. Sweting

New York Court of Appeals

People v. Sweting

319 N.E.2d 421, 35 N.Y.2d 680, 361 N.Y.S.2d 158, 1974 N.Y. LEXIS 1330

DecidedOctober 7, 1974

StatusPublished

This text of 319 N.E.2d 421 (People v. Sweting) 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. Sweting, 319 N.E.2d 421, 35 N.Y.2d 680, 361 N.Y.S.2d 158, 1974 N.Y. LEXIS 1330 (N.Y. 1974).

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Opinion

Order affirmed in the following memorandum: The alleged error in the charge was not properly protested (CPL 470.05, subd. 2). Hence, on this appeal, no question of law is available for review by this court (CPL 470.05, subd. 2; 470.35, subd. 1). Beyond this issue, there was sufficient evidence to establish the crime of resisting arrest, including an authorized arrest as required by the statute (Penal Law, § 205.30), and to support the verdict rendered.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Rabin, Stevens and Wither.

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Order affirmed in the following memorandum: The alleged error in the charge was not properly protested (CPL 470.05, subd. 2). Hence, on this appeal, no question of law is available for review by this court (CPL 470.05, subd. 2; 470.35, subd. 1). Beyond this issue, there was sufficient evidence to establish the crime of resisting arrest, including an authorized arrest as required by the statute (Penal Law, § 205.30), and to support the verdict rendered.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Rabin, Stevens and Wither.

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Bluebook (online)

319 N.E.2d 421, 35 N.Y.2d 680, 361 N.Y.S.2d 158, 1974 N.Y. LEXIS 1330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sweting-ny-1974.