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PEOPLE v. JEMZURA

29 N.Y.2d 590 (1971)

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

Court of Appeals of the State of New York.

Decided July 7, 1971.

Attorney(s) appearing for the Case

George Jemzura, appellant in person.

Irad S. Ingraham, District Attorney, for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN and GIBSON concur in memorandum; Judge SCILEPPI dissents and votes to affirm in an opinion in which Judge BERGAN concurs.

MEMORANDUM.

Defendant, following an attempt to make a citizen's arrest of County Judge LYNN N. PETERSON, was charged with harassment in violation of section 240.25 (subds. 3, 5) of the Penal Law. Without condoning or making any determination with respect to the purported citizen's arrest we find that the evidence is insufficient to establish beyond a reasonable doubt that defendant's conduct in attempting the arrest constituted...

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