Appellate Terms of the Supreme Court of New York May 19, 1981 (People v. Maksymenko)

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United States · · · 19-05-1981

OPINION OF THE COURT

Memorandum.

Appeal by the People from a pretrial order (105 Misc 2d 368) dismissing the accusatory instrument which charged defendant with harassment (Penal Law, § 240.25) and resisting arrest (Penal Law, § 205.30).

Order affirmed.

In our opinion, a court is without authority to hold a pretrial hearing to test the validity of defendant’s arrest.

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