Appeal from a judgment of the Criminal Court of the City of New York, Kings County (William L. McGuire, Jr., J.), rendered May 7, 2009. The judgment, insofar as appealed from as limited by defendant's brief, convicted defendant, upon a jury verdict, of resisting arrest and littering.

ORDERED that the judgment of conviction, insofar as appealed from, is affirmed.

Following a jury trial, defendant was convicted of resisting arrest (Penal Law § 205.30), littering (New York City Health Code [24 RCNY] § 153.01) and two counts of disorderly conduct (Penal Law § 240.20 [1], [3]). On appeal, defendant contends that his conviction for resisting arrest should be reversed because the Criminal Court failed to instruct the jury that he could not be convicted of resisting arrest based on his arrest for the identical conduct underlying the charge of disorderly conduct in violation of Penal Law § 240.20 (1).

Defendant's contention regarding the trial court's jury instruction relating to the resisting arrest charge is unpreserved for appellate review, as defense counsel failed to object thereto at trial (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 491-492 [2008]; People v Townsend, 83 AD3d 969, 970 [2011]). In any event, the court's instruction was sufficient since it adequately apprised the jury of the applicable law (see Townsend, 83 AD3d at 970). [*2]

Accordingly, the judgment, insofar as appealed from, is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: December 27, 2011