Can a defendant be charged for refusing to stand up and walk after submitting to arrest?
"New York", United States of America
The following excerpt is from People v. Bauer, 161 Misc.2d 588, 614 N.Y.S.2d 871 (N.Y. City Ct. 1994):
The defense argues the absence of language by the legislature[161 Misc.2d 598] in Penal Law Section 205.30 requiring a defendant to cooperate by voluntarily standing up and walking during a normal arrest procedure means there can be no crime in refusing to do so after submitting to arrest. The defense maintains conduct is not criminal unless the act or failure to perform an act is a duty imposed by law citing People v. McDaniel.
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