PEOPLE v. TEDESCHE


3 A.D.2d 220 (1957)

The People of the State of New York, Respondent, v. Joseph Tedesche, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 26, 1957.


Attorney(s) appearing for the Case

Ira H. Holley for appellant.

William Rand, Jr., of counsel (Frank S. Hogan, District Attorney, attorney), for respondent.

BOTEIN, J. P., RABIN, FRANK, VALENTE and McNALLY, JJ., concur.


Per Curiam.

The defendant, while in the custody of a police officer who told him he was under arrest, broke away and escaped. Through the interference of a crowd, the officer was prevented from immediately reapprehending the defendant or pursuing him. The charge for which the defendant was arrested was the illegal sale of fireworks, which is a misdemeanor by virtue of section 1894-a of the Penal Law.

Absent a warrant, a police officer may only arrest...

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