People v Badia

People v Badia 2007 NY Slip Op 09871 [46 AD3d 312] December 13, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Antonio Badia, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Frances A. Gallagher of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered December 16, 2005, convicting defendant, after a jury trial, of resisting arrest, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The circumstances, including defendant's threats of violence while holding a knife, support the conclusion that the police were in the process of arresting defendant, that he knew that the men detaining him were trying to arrest him, and that he intended to resist arrest (see People v Clark, 241 AD2d 710 [1997], lv denied 90 NY2d 1010 [1997]; People v Gray, 189 AD2d 922 [1993], lv denied 81 NY2d 886 [1993]). Concur—Tom, J.P., Andrias, Gonzalez and Sweeny, JJ.