New York Consolidated Laws
N.Y. Penal Law § 205.30 (2026)
Resisting arrest
✓ current as of May 2026
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§ 205.30 Resisting arrest. A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor.
Notes of Decisions
Cited in 432
cases (65 in the last 5 years), 1970–2026 · leading case: People v. Jensen, 654 N.E.2d 1237 (NY 1995).
People v. Jensen, 654 N.E.2d 1237 (NY 1995). “"A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person" (Penal Law § 205.30). A key element of resisting arrest is the existence of an…”
Frederique v. Cnty. of Nassau, 168 F. Supp. 3d 455 (E.D.N.Y 2016). “05 (3) for injuring Officer Har-racksingh during the course of being arrested; and (iv) one count of resisting arrest in violation of N.Y. Penal Law § 205.30 for flailing his arms and refusing to allow NCPD officers to handcuff him.”
People v. Sumter, 2017 NY Slip Op 4897 (N.Y. App. Div. 2017). “Because the information fails to allege sufficient facts supporting the underlying obstructing governmental administration charge, it is also insufficient to allege that defendant's arrest on that charge was "authorized," as required by Penal Law § 205.”
Esperanza v. City of N.Y., 325 F. Supp. 3d 288 (E.D.N.Y 2018). “Asharafan was charged with Resisting Arrest, N.Y. Penal Law § 205.30 , and Disorderly Conduct, N.”
Hulett v. City of Syracuse, 253 F. Supp. 3d 462 (N.D.N.Y. 2017). “” N.Y. Penal Law § 205.30 (emphasis added).”
People v. Alejandro, 511 N.E.2d 71 (NY 1987). “Defendant was charged with resisting arrest (Penal Law § 205.30), tried before a jury and convicted on the basis of a misdemeanor information which set forth no factual allegations establishing that the police officer was effecting an authorized arrest.”
Tracy v. Freshwater, 623 F.3d 90 (2d Cir. 2010). “” N.Y. Penal Law § 205.30 . Accordingly, to convict Tracy, the jury needed only to find that (1) the defendant intentionally engaged in some conduct by which he either prevented or attempted to prevent an arrest, and (2) the arrest was lawful in that it was supported by either a…”
People v. Voliton, 630 N.E.2d 641 (NY 1994). “He argues that because the Appellate Division expressly found that the acts of the police in detaining and attempting to seize him "were unlawful at the time the alleged injuries [to the police] were inflicted" ( 190 AD2d 764 , 767, supra ), defendant's arrest by the police was…”
The People v. Charles Smith The People v. Tyrell Ingram , The People v.Isma McGhee, 57 N.E.3d 53 (NY 2016). “People v Smith Defendant appeals from two judgments of conviction — one for resisting arrest (see Penal Law § 205.30) and the other for criminal sale of a controlled substance in the third degree (see Penal Law § 220.”
People v. Kalin, 906 N.E.2d 381 (NY 2009). “The information in that case was defective because there was a failure to plead an entire element of resisting arrest, “that the defendant had resisted an ‘authorized’ arrest” (People v Casey, 95 NY2d at 362 [emphasis omitted], quoting Penal Law § 205.30). Similarly, the…”
People v. Jones, 878 N.E.2d 1016 (NY 2007). “Penal Law § 205.30 provides that “[a] person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person” (emphasis added).”
People v. Bauer, 161 Misc. 2d 588 (Watertown City Ct. 1994). “) Penal Law § 205.30 was a modified form of section 242.”
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