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PEOPLE v. ALLEN

15 N.Y.2d 558 (1964)

The People of the State of New York, Respondent, v. Otis Allen, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1964.

Attorney(s) appearing for the Case

Kalman Finkel and Anthony F. Marra for appellant.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and BERGAN. Judges DYE and SCILEPPI dissent and vote to affirm.

Judgment reversed and information dismissed. The physical attack on the arresting policeman was a part of resistance to an unlawful arrest (People v. Dreares, 15 A.D.2d 204, affd. 11 N.Y.2d 906) and it was not excessive in degree (People v. Cherry, 307 N.Y. 308). On the People's proof in support of an assault, it appears that the physical attack attributed...

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