After allegedly robbing another man, Charles Dunnell was overtaken and held by his victim. But, when officers arrived, Dunnell claimed the man restraining him was the criminal.
When the New York County Supreme Court convicted Dunnell of grand larceny in the fourth degree, and sentenced him to 2 to 4 years as a second felony offender, he appealed to the Appellate Division, First Department.
While his assertions triggered credibility issues (which were resolvable at trial), the AD1 didn't think the legality of Dunnell's arrest was impacted in any meaningful way, particularly in view of the duo's behavior at the time the officers reported to the scene.
Who was victimized by that?
To view a copy of the Appellate Division's decision, please use this link: People v. Dunnell