| People v Tollinchi (Emma) |
| 2006 NY Slip Op 50743(U) [11 Misc 3d 143(A)] |
| Decided on April 27, 2006 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the City Court of Peekskill, Westchester County (William L. Maher, J.), rendered on October 28, 2002. The judgment convicted defendant, upon a jury verdict, of resisting arrest.
Judgment of conviction affirmed.
A review of the record on appeal indicates that the officer had probable cause to believe that defendant had committed the offense of disorderly conduct. Therefore, defendant's arrest on this charge was authorized and her acquittal on said charge did not preclude her conviction on the resisting arrest charge (see People v Marton, 222 AD2d 528 [1995]; People v Goldberg, 2002 NY Slip Op 40095[U] [App Term, 9th & 10th Jud Dists]). Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of resisting arrest. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (CPL 470.20 [5]).
Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: April 27, 2006