PEOPLE v. BUTT


113 Misc.2d 538 (1981)

The People of the State of New York, Appellant, v. Bruce Butt and Robert Sutton, Respondents.

Supreme Court, Appellate Term, Second Department.

December 29, 1981


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Callahan A. Spessard and Karen M. Wigle of counsel), for appellant. Genovesi & Kellman (Susan G. Kellman of counsel), for respondents.

BUSCHMANN, J. P., JONES and KUNZEMAN, JJ., concur.


MEMORANDUM.

Order unanimously reversed, on the law, resisting arrest counts reinstated and matter remanded for all further proceedings.

The court below dismissed the counts charging defendants with resisting arrest on the ground that the arresting officers were not peace officers within the meaning of CPL 2.10 and that, therefore, defendants could not be guilty of violating section 205.30 of the Penal Law which is limited to resistance directed against a police...

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