People v Campbell (Robert)

[*1] People v Campbell (Robert) 2007 NY Slip Op 50343(U) [14 Misc 3d 140(A)] Decided on March 5, 2007 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
570563/05.

People of the State of New York, Respondent,

against

Robert Campbell, Defendant-Appellant.

Defendant appeals from a judgment of the Supreme Court, Bronx County (Robert E. Torres, J.), rendered June 22, 2004, convicting him, after a jury trial, of resisting arrest and imposing sentence.

PER CURIAM

Judgment of conviction (Robert E. Torres, J.), rendered June 22, 2004, affirmed.

Defendant's present challenges to the sufficiency of the evidence are unpreserved (see People v Gray, 86 NY2d 10 [1995]), and we decline to review them in the interest of justice. Were we to review these claims, we would find them without merit. There was sufficient evidence that the police were trying to effect an "authorized arrest" (Penal Law § 205.30), in that they had probable cause to arrest defendant. Moreover, defendant could properly be convicted of resisting arrest without being convicted of any underlying crime (see People v Laltoo, 22 AD3d 230 [2005]). We find that the verdict was not against the weight of the evidence.

Defendant's request for a Dunaway hearing was properly denied since his motion papers did not raise an issue of fact as to probable cause for his arrest (see People v Mendoza, 82 NY2d 415 [1993]).

This constitutes the decision and order of the court.
Decision Date: March 5, 2007