PEOPLE v. ROSS


19 A.D.2d 803 (1963)

The People of the State of New York, Respondent, v. Horace Ross, Appellant

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

October 3, 1963


Judgment of conviction for the crimes of assault in the third degree and unlawful possession of a narcotic drug (Penal Law, § 1751-a), unanimously reversed, on the facts and the law, and the informations dismissed.

The arrest of defendant was made on the original charge of the misdemeanor of injury to property — breaking a window in a nearby bar. Defendant's arrest was effected without a warrant for an alleged misdemeanor not committed in the presence...

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