The following excerpt is from People v. Gallo, 207 Misc. 161 (N.Y. Dist. Ct. 1955):
In People v. O'Connor, defendant was arrested without a warrant, for a crime not committed in the presence of the officer. While at the police station, when the police officer attempted to search him, the defendant resisted. It was held therein, that since the crime had not been committed in the presence of the officer and since the officer had no warrant for his arrest, the arrest was illegal; that the officer had no right to search the defendant and the defendant had a right to resist.
In People v. Cherry, the defendant, late at night, about to enter his home, was seized by two persons claiming to be police officers. The defendant resisted, biting the thumb of one of the officers. It was held therein, that since the arrest was illegal and unwarranted, the defendant had the right to resist; that it made no difference whether the police officers advised him that they were police officers; that force necessary to resist and prevent the unlawful arrest could be exercised; provided, however, that such force was reasonable under the circumstances.
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