PEOPLE v. FOSTER


10 N.Y.2d 99 (1961)

The People of the State of New York, Respondent, v. Ernestine Foster, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1961.


Attorney(s) appearing for the Case

Mary Johnson Lowe and Audrey Fox Anderson for appellant.

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

Judges DYE and BURKE concur with Chief Judge DESMOND; Judge FULD concurs in a separate opinion; Judge FROESSEL dissents in an opinion in which Judges VAN VOORHIS and FOSTER concur.


Chief Judge DESMOND.

Defendant was convicted of third degree assault committed on the person of a New York City police officer while he was taking defendant into custody on a charge of disorderly conduct as a misdemeanor. Defendant argues that the arrest was illegal because made without a warrant (see Code Crim. Pro., § 177) and that she was thus within her rights and not guilty of criminal assault in using...

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