Appeal from a judgment of the District Court of Suffolk County, First District (Kevin J. Crowley, J., at trial; John J. Toomey, Jr. J., at sentencing), rendered on May 19, 2004. The judgment convicted defendant, after a nonjury trial, of resisting arrest.

Judgment of conviction affirmed.

At the trial, police officers Zappulla and Stapleton testified that at 1:00 A.M. they were in uniform in a marked police car. Defendant was a passenger in a vehicle which passed a stop sign without stopping. They activated their siren and lights and pursued the vehicle. While it was still moving, defendant jumped out of the vehicle and started running. Officer Zappulla yelled "stop" several times but defendant kept on running. Officer Stapleton recognized defendant and knew there was a warrant out for his arrest. Officer Zappulla caught up with defendant and after defendant pushed and kicked him, Zappulla was able to subdue defendant.

We find that defendant's guilt of resisting arrest (Penal Law § 205.30) was established beyond a reasonable doubt. In People v Galvin (253 AD2d 437 [1998]), the court stated that the police need not specifically inform a defendant that he is under arrest. His awareness that he is being arrested may be proven, as was done here, from inferences logically drawn from the attendant facts and circumstances (see People v Bell, 265 AD2d 813 [1999]).

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: May 23, 2006