PEOPLE v. McNEIL


15 N.Y.2d 717 (1965)

The People of the State of New York, Respondent, v. George B. McNeil, Appellant.

Court of Appeals of the State of New York.

Decided January 7, 1965.


Attorney(s) appearing for the Case

Ivan A. Michael for appellant.

Isidore Dollinger, District Attorney (Walter E. Dillon of counsel), for respondent.

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


Judgment affirmed in a memorandum. The physical attack by the defendant on the uniformed arresting officer cannot, under the circumstances, be considered reasonable resistance to an unlawful arrest. Such combative behavior, stemming from an initial, reasonable request by the policeman that defendant identify himself for the purpose of receiving a summons for jaywalking and occurring, as it did, at a time and place removed from that at which he was taken into custody, must...

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