People v. Foster

Fuld, J. (concurring).

I agree for affirmance upon the first ground stated in the Chief Judge’s opinion, and solely upon that ground. Although this crime may have already been completed, the fact that an assault had been committed, and that there might be further incidents, was obvious to the police officer when he appeared on the scene. Under such circumstances, the arrest which he made was lawful under the statute. (Code Crim. Pro., § 177.)