PEOPLE v. SIMMS


36 A.D.2d 23 (1971)

The People of the State of New York, Respondent, v. Edward Simms, Appellant

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

February 18, 1971.


Attorney(s) appearing for the Case

James R. Cannon for appellant.

Scott W. Crane, District Attorney (Thomas Reynolds of counsel), for respondent.

GOLDMAN, P. J., DEL VECCHIO and HENRY, JJ., concur.


GABRIELLI, J.

On this appeal from a judgment of the Livingston County Court rendered January 22, 1970 convicting defendant of resisting arrest, he raises the question of the sufficiency of the evidence and bases his claim on the sole ground that any alleged resistance was offered in connection with an unauthorized arrest.

While on routine patrol in a police car during the early morning hours of May 29, 1969 Officer Theodore Yates came upon a sizeable...

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