People v. Cherry
New York Court of Appeals
121 N.E.2d 238 (1954)
- Written by Sarah Holley, JD
Facts
On the night of December 4, 1952, officers Gilchrist and Pizzimenti had Cherry (defendant) under observation for about a half hour. During this time, the officers observed Cherry loitering outside a particular building, engage in conversation with some people, enter the building, and exit shortly thereafter. Officers Gilchrist and Pizzimenti approached Cherry and identified themselves as police officers and asked Cherry for some identification. Because both officers were in plain clothes and not in uniform, Cherry did not believe them and asked to see their badges. Cherry then started to run and brushed against officer Pizzimenti, at which point officer Gilchrist, from the rear, grabbed Cherry around the shoulders. In the struggle, Cherry grabbed officer Gilchrist’s wrist and bit his thumb. Cherry was arrested after another officer arrived on the scene. Cherry had resided in the building in question and had done nothing improper or even to excite suspicion. Cherry was convicted of assault and appealed.
Rule of Law
Issue
Holding and Reasoning (Fuld, J.)
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