People v McNeil, 15 N.Y.
2d 717 (1965)
204 N.E.2d 648, 256 N.Y.S.2d 614
and violence, a police officer of the City of New York in the
performance of his duty. Hughes, the police officer, testified
that, on that date, he and a fellow officer were on patrol
in a squad car when he observed defendant walk across the
15 N.Y.2d 717, 204 N.E.2d 648, 256 N.Y.S.2d 614 (Mem) street against the red light; that he said to defendant “Don't
you watch lights?”, whereupon defendant said “Don't bother
The People of the State of me. I don't want to talk to you” and kept on walking; that
New York, Respondent, Hughes could not stop his squad car at that time because he
would have been double-parking so he proceeded “around
v. the corner”, alighted from the squad car and asked defendant
George B. McNeil, Appellant. for his identification in order “To issue a summons for Jay
Walking”; that defendant refused to identify himself, said
Court of Appeals of New York “I wasn't Jay Walking” and, in a loud and boisterous voice,
Submitted December 1, 1964; called Hughes a “Fascist”; that a crowd started to gather and
defendant told Hughes “What you need is a good punch in
Decided January 7, 1965.
the nose”, and, after being warned by Hughes that he might
be arrested for disorderly conduct, said “I want to be placed
under arrest. Lock *718 me up”; that, after giving defendant
CITE TITLE AS: People v McNeil
several warnings which were disregarded, Hughes arrested
him for disorderly conduct and jaywalking; that Hughes and
HEADNOTES
his partner put defendant into the squad car, over his verbal
Crimes protest, and proceeded to a precinct station “four or five
resistance to unlawful arrest--defendant was convicted of blocks” away; that approximately 15 minutes elapsed from
assault in third degree and resisting officer--testimony by the time Hughes first observed defendant until their arrival at
police officer that, after he observed defendant jaywalking, he the precinct station, and that, when they reached said station
asked him for his identification so he could issue summons and Hughes ordered defendant out of the squad car, defendant
for jaywalking, that defendant refused to identify himself and “leaped from the car” and struck Hughes “with his clenched
became loud and boisterous, that police officer then arrested fist” on the “left side of the face and in the chest.” There was
him for jaywalking and disorderly conduct and put him further evidence that defendant was subsequently acquitted of
into squad car, and that, when they reached precinct station, the charge of disorderly conduct and that his conviction on the
defendant leaped from squad car and struck police officer-- charge of jaywalking was, upon appeal, reversed because his
judgment of conviction affirmed--defendant's physical attack guilt thereof was not established beyond a reasonable doubt.
on uniformed arresting officer cannot, under circumstances,
be considered resistance to unlawful arrest, but must be
APPEARANCES OF COUNSEL
viewed as counterattack pursued merely for sake of revenge
Ivan A. Michael for appellant.
or infliction of needless injury.
Isidore Dollinger, District Attorney (Walter E. Dillon of
People v. McNeil, 21 A D 2d 1, affirmed. counsel), for respondent.
Judgment affirmed in a memorandum. The physical attack
by the defendant on the uniformed arresting officer cannot,
SUMMARY under the circumstances, be considered reasonable resistance
to an unlawful arrest. Such combative behavior, stemming
Appeal, by permission of a Justice of the Appellate Division
from an initial, reasonable request by the policeman that
of the Supreme Court in the First Judicial Department, from a
defendant identify himself for the purpose of receiving a
judgment of said court, entered March 24, 1964, affirming a
summons for jaywalking and occurring, as it did, at a time and
judgment of the former Court of Special Sessions of the City
place removed from that at which he was taken into custody,
of New York (Ambrose J. Haddock, P. J., Edward T. Galloway
must, instead, be viewed as a “counterattack [pursued] merely
and Doris I. Byrne, JJ.) convicting defendant of assault in
for the sake of revenge or the infliction of needless injury”.
the third degree and resisting an officer. The information
(People v. Cherry, 307 N. Y. 308, 311.)
charged that on October 17, 1960 defendant assaulted one
Charles Hughes and wrongfully resisted, by the use of force
© 2025 Thomson Reuters. No claim to original U.S. Government Works. 1
People v McNeil, 15 N.Y.2d 717 (1965)
204 N.E.2d 648, 256 N.Y.S.2d 614
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Copr. (C) 2025, Secretary of State, State of New York
Voorhis, Burke, Scileppi and Bergan.
End of Document © 2025 Thomson Reuters. No claim to original U.S.
Government Works.
© 2025 Thomson Reuters. No claim to original U.S. Government Works. 2
People v McNeil, 15 N.Y.2d 717
History (6)
Direct History (6)
1. People v. McNeil
21 A.D.2d 1 , N.Y.A.D. 1 Dept. , Mar. 24, 1964
Motion Granted by
2. People v. McNeil
14 N.Y.2d 951 , N.Y. , July 10, 1964
AND Motion Granted by
3. People v. McNeil
14 N.Y.2d 951 , N.Y. , July 10, 1964
AND Motion Granted by
4. People v. McNeil
14 N.Y.2d 981 , N.Y. , Oct. 01, 1964
AND Motion Granted by
5. People v. McNeil
14 N.Y.2d 981 , N.Y. , Oct. 08, 1964
AND Judgment Affirmed by
6. People v. McNeil
15 N.Y.2d 717 , N.Y. , Jan. 07, 1965
© 2025 Thomson Reuters. No claim to original U.S. Government Works.
People v McNeil, 15 N.Y.2d 717
B
State High Court
Granting Motion People v. McNeil
15 N.Y.2d 717 | Jan 07, 1965
Granting Motion
N.Y.
Granting Motion
Affirming Judgment A
Granting Motion
Intermediate Court
A
People v. McNeil
21 A.D.2d 1 | Mar 24, 1964
N.Y.A.D. 1 Dept.
Trial Court
© 2025 Thomson Reuters. No claim to original U.S. Government Works.
People v McNeil, 15 N.Y.2d 717
Citing References (8)
Treatment Title Date Type Depth Headnote(s)
Cited by Nov. 12, 1965 Case —
1. People v. Turner
265 N.Y.S.2d 841, 851+ , N.Y.Sup.App.Term
The defendants were convicted of disorderly
conduct. The Criminal Court of the City of New
York, County of New York, Vincent R. Impellitteri, J.,
rendered judgment, and the...
Cited by 2. U.S. v. McCarthy Jan. 11, 1966 Case —
249 F.Supp. 199, 202 , E.D.N.Y.
Prosecution for assault upon special agent of F.B.I.
and for attempt to escape from custody after having
been placed under lawful arrest. Defendant moved
to suppress certain...
Cited by 3. Brief for the Commonwealth Apr. 30, 2001 Brief —
Harold D. CRISLIP, Appellant, v.
COMMONWEALTH OF VIRGINIA, Appellee.
2001 WL 34823026, *34823026 , Va.App.
(Appellate Brief)
Mentioned by Feb. 02, 1966 Case —
4. People v. Briggs
266 N.Y.S.2d 546, 550 , N.Y.A.D. 3 Dept.
Defendant and his codefendant father were
convicted in the County Court, Chemung County,
Donald H. Monroe, J., on third count of indictment
for assault in the second degree in...
Mentioned by 5. Plaintiff's Memorandum of Law in Opposition Feb. 22, 2016 Motion —
to Defendants' Motion for Partial Summary
Judgment
Robert ISLEY, Plaintiff, v. COUNTY OF NASSAU,
P.O. Ashley L. Bambino, P.O. Scott Breslin, P.O.
William C. Casey, P.O. Christopher Faughnan, P.O.
Mary ...
2016 WL 9077781, *1+ , E.D.N.Y. (Trial Motion,
Memorandum and Affidavit)
— 6. Modern status of rules as to right to 1972 ALR — —
forcefully resist illegal arrest
44 A.L.R.3d 1078
This comment collects the modern cases in which
the courts have discussed the rules relating to
whether, or under what circumstances, a person
illegally arrested may use force to...
— 7. New York Evidence Proof of Cases s 18:12, § 2024 Other — —
18:12. Self-defense—Degree of force used Secondary
Source
The rule that self-defense is a justification for
the use of force against another is subject to the
fundamental limitation that in protecting one's self,
no more force is...
© 2025 Thomson Reuters. No claim to original U.S. Government Works.
People v McNeil, 15 N.Y.2d 717
Treatment Title Date Type Depth Headnote(s)
— 8. N.Y. Jur. 2d Assault-Civil Aspects s 10, § 2025 Other — —
10. Self-defense as affirmative defense to civil Secondary
assault—Degree of force used Source
N.Y. Jur. 2d Assault-Civil Aspects
The rule that self-defense is a justification for
the use of force against another is subject to the
fundamental limitation that in protecting one's self,
no more force is...
© 2025 Thomson Reuters. No claim to original U.S. Government Works.
People v McNeil, 15 N.Y.2d 717
Table of Authorities (1)
Treatment Referenced Title Type Depth Quoted Page
Number
Cited 1. People v. Cherry Case 648
121 N.E.2d 238, N.Y., 1954
Citizen was convicted of assault in the third degree
for using force and violence on police officers, who
were guilty of an illegal arrest of citizen and an
unlawful assault on...
© 2025 Thomson Reuters. No claim to original U.S. Government Works.
People v McNeil, 15 N.Y.2d 717
Negative Treatment
There are no Negative Treatment results for this citation.
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