PEOPLE v. WHEATON


45 N.Y.2d 769 (1978)

The People of the State of New York, Respondent, v. Alfredo S. Wheaton, Appellant.

Court of Appeals of the State of New York.

Decided July 13, 1978.


Attorney(s) appearing for the Case

John E. Tyo for appellant.

James R. Harvey, District Attorney (Robert S. Blazak of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of Ontario County Court should be reversed, the judgment of conviction vacated and the case remitted for further proceedings on the informations.

Defendant was charged with disorderly conduct and resisting arrest stemming from an incident which occurred in the City of Canandaigua on the evening of July 19, 1976. Following his arrest at 11:30 P.M. he was held for appearance in court the following...

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