
    The People of the State of New York, Respondent, v. James J. O’Connor, Appellant.
    (Argued September 30, 1931;
    decided November 17, 1931.)
    
      W. D. Smith and H. E. Blodgett for appellant.
    There was no evidence to support the conviction. (People v. Defore, 242 N. Y. 13; People v. Shanley, 40 Hun, 477; Stearns v. Titus, 193 N. Y. 272; People v. Marendi, 213 N. Y. 600.)
    
      Roy W. Peters, District Attorney («7. W: Collamer of counsel), for respondent.
    Defendant was legally arrested. (People v. Webster, 75 Hun, 278.) The officer had a legal right to search defendant. (People v. Defore, 242 N. Y. 13.)
   Per Curiam.

The conviction was for the crime of resisting an officer while in the performance of his duty,” under section 1825 of the Penal Law. The arrest of the prisoner was for the commission of a misdemeanor. This crime had not been committed in the presence of the arresting officer; nor did the officer hold a warrant for the arrest. Therefore, the arrest was illegally made; the officer had no right to search the prisoner; the prisoner did not resist an officer in the performance of any duty; and no crime was committed.

The judgments should be reversed and the information dismissed.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Judgments reversed, etc.  