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PEOPLE v. PEACOCK

68 N.Y.2d 675 (1986)

The People of the State of New York, Respondent, v. Cheryl A. Peacock, Appellant.

Court of Appeals of the State of New York.

Decided July 1, 1986.

Attorney(s) appearing for the Case

Robert H. Ballan for appellant.

Charles A. Gardner, District Attorney (Jerome J. Richards of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The order of the County Court, St. Lawrence County, should be reversed and the information dismissed.

Penal Law § 205.30 defines resisting arrest as intentionally preventing or attempting to prevent a police officer "from effecting an authorized arrest". The People concede that the officer did not have any ground to believe that defendant was committing, had committed or was about to commit an offense...

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