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PEOPLE v. SWETING

35 N.Y.2d 680 (1974)

The People of the State of New York, Respondent, v. Nelson Sweting, Appellant.

Court of Appeals of the State of New York.

Decided October 7, 1974.

Attorney(s) appearing for the Case

Steven Lloyd Barrett and William E. Hellerstein for appellant.

Richard H. Kuh, District Attorney (Kenneth P. Kolson and Lewis R. Friedman of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER.

Order affirmed in the following memorandum: The alleged error in the charge was not properly protested (CPL 470.05, subd. 2). Hence, on this appeal, no question of law is available for review by this court (CPL 470.05, subd. 2; 470.35, subd. 1). Beyond this issue, there was sufficient evidence to establish the crime of resisting arrest, including an authorized arrest as required by the statute (Penal Law, § 205.30), and to support the verdict...

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