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· 3/27/1961

People v. Wiltse

Citations

  • 28 Misc. 2d 410
  • 212 N.Y.S.2d 713
  • 1961 N.Y. Misc. LEXIS 3161

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “it is equally well-established that a suspect’s mere flight to escape arrest does not violate” the resisting arrest statute
  • reversing conviction for resisting arrest when arrestee fled, but pursuing officer was responsible for creating danger that led to injury
  • reversing conviction for resisting arrest when arrestee fled, but pursuing officer was responsible for creating danger that led to injury
  • reversing a resisting arrest conviction, finding that an off-duty officer created the substantial risk of injury himself when he attempted to arrest defendant after being alerted defendant was attempting to break into his vehicle
  • “Merely exposing another to the risk of [serious bodily] injury is sufficient to sustain a conviction under Section 5104[; h]owever, it is equally well-established that a suspect's mere flight to escape arrest does not violate [Section] 5104.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Knight

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.