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PEOPLE v. RIVERA

72 Misc.2d 985 (1973)

The People of the State of New York, Plaintiff, v. Hector Rivera, Defendant.

Criminal Court of the City of New York, Kings County.

January 29, 1973

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Joseph Raze of counsel), for plaintiff. Robert Kasanoff, Community Defender (Arthur J. Gallancy of counsel), for defendant.

SALVATORE T. ABRUZZO, J.

The defendant, Hector Rivera, was arrested and charged with resisting arrest (Penal Law, § 205.30). The arrest was made by a special patrolman, and the defendant resisted said arrest, the defense being that a special patrolman is not a peace officer and the charge cannot be made unless the arrestor is a peace officer within the section of the Penal Law (§ 205.30) that states...

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