PEOPLE v. CHERRY


307 N.Y. 308 (1954)

The People of the State of New York, Respondent, v. Fellie Cherry, Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1954


Attorney(s) appearing for the Case

Samuel Korb for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

LEWIS, Ch. J., DYE and VAN VOORHIS, JJ., concur with FULD, J.; DESMOND, J., dissents in opinion in which FROESSEL, J., concurs; CONWAY, J., taking no part.


FULD, J.

Defendant, a plumber by trade, doing absolutely nothing improper, doing nothing, indeed, even to excite suspicion, was accosted and seized by two strangers, in ordinary street attire, claiming to be police officers, late at night as he was about to enter his home. What citizen would do less, if resistance, concededly permissible, was to be effective, than defendant did in this case? He used no artificial or man-made...

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