NY · jury_instructions
CJI2d[NY] Penal Law § 195.10
REFUSING TO AID A PEACE OR A POLICE OFFICER
The (specify) count is Refusing to Aid a Peace or a Police Officer.
Under our law, a person is guilty of Refusing to Aid a Peace or a Police Officer when, upon command by a peace or a police officer identifiable or identified to him or her as such, he or she unreasonably fails or refuses to aid such peace or a police officer
Select appropriate alternative(s)
in effecting an arrest, [or]
in preventing the commission by another person of any offense.
The following term used in that definition has a special meaning: ¹
COMMAND means an authoritative direction.²
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following (specify number of) elements:
1. That on or about (date) , in the county of (county) ,
the defendant, (defendant's name), upon command of (specify) unreasonably failed or refused to aid
(specify) Select appropriate alternative(s)
in effecting an arrest, [or]
in preventing the commission by another person of any offense; and
2. That (specify) was a peace/police officer who was
identifiable or identified to the defendant as such.
If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: REFUSING TO AID A PEACE OR A POLICE OFFICER Penal Law § 195.10 (Committed on or after Sept. 1, 1980). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
6425da54d72092388d2c47d7749dda258cdbb4f3326e9bd68d7e0a5efee63ef7
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