17.19 - 4. “No Sock” Provisions

• Jurisdiction: New York

4. “No Sock” Provisions

Under New York’s “no sock” law, a person is not justified in using physical force against a peace officer to resist an arrest.²⁷⁴⁸ It does not matter if the arrest is legally unauthorized; the defendant still may not resist and claim his resistance was justified,²⁷⁴⁹ as long as the arrest attempt is made by a peace officer.²⁷⁵⁰ However, an arrestee is justified in using physical force to defend himself from the use of excessive force by a peace officer executing an arrest.²⁷⁵¹

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Notes:

^[2748] . PL § 35.27.

^[2749] . Id.; People v. Townes, 41 N.Y.2d 97, 390 N.Y.S.2d 893 (1976).

^[2750] . Id.

^[2751] . People v. Stevenson, 31 N.Y.2d...