People v Spencer

People v Spencer 2012 NY Slip Op 04223 Decided on May 31, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 31, 2012
Tom, J.P., Andrias, Saxe, Moskowitz, Acosta, JJ. 7809-
2180/09 7810

[*1]The People of the State of New York, Respondent,

v

Robert Spencer, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Bruce D. Austern of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Vincent
Rivellese of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Michael R. Sonberg, J.), rendered July 26, 2011, resentencing defendant upon his conviction, after a jury trial, of two counts of assault in the second degree, and one count each of obstructing governmental administration in the second degree and promoting prostitution in the fourth degree, to an aggregate term of five years, unanimously affirmed. Appeal from judgment, same court and Justice, rendered May 18, 2010, unanimously dismissed, as superceded by the appeal from the judgment rendered July 26, 2011.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 349 [2007]). The testimony of the undercover officer that defendant offered the services of prostitutes established his commission of the crime of promoting prostitution in the fourth degree (see People v Brown, 74 AD3d 1748 [2010], lv denied 15 NY3d 802 [2010]; Penal Law § 230.20[1]). There is no basis to disturb the jury's determination to credit the testimony of the officer.

Moreover, since the officers were performing a lawful duty in arresting defendant, his subsequent actions of violently refusing to be handcuffed or moved from the scene of the [*2]incident to the hospital and then to central booking, and causing physical injury to two police officers, established his guilt of assault and obstructing governmental administration.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 31, 2012

CLERK