People v. Peocock

In People v. Peocock (68 N.Y.2d 675, 677 [1986]), the Court held that the People had no probable cause to arrest the defendant. As a result, the defendant could not be found guilty of resisting arrest. The Court stated "Penal Law 35.27, as its title indicates, is concerned with the defense of justification and does not amend Penal Law 205.30 to make resisting arrest to an unauthorized arrest an offense." (Id. at 677.)