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People v. McNeil

15 N.Y.2d 717 Court N.Y. Decision date 1965-01-07 English

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p. 717
The People of the State of New York, Respondent, v. George B. McNeil, Appellant.
Submitted December 1, 1964;
decided January 7, 1965.
p. 718
Ivan A. Michael for appellant.
Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

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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