People v Mohammed (Loutfy)

[*1] People v Mohammed (Loutfy) 2010 NY Slip Op 51120(U) [28 Misc 3d 126(A)] Decided on June 29, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 29, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570754/06.

The People of the State of New York,

against

Loutfy Elgoh Mohammed, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Alexander B. Jeong, J.), rendered August 9, 2006, after a jury trial, convicting him of resisting arrest, and imposing sentence.

Per Curiam.

Judgment of conviction (Alexander B. Jeong, J.), rendered August 9, 2006, affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's credibility determinations. The evidence satisfied the "authorized arrest" element of resisting arrest (Penal Law § 205.30), since it established that police had probable cause to arrest defendant for petit larceny. Further, defendant could properly be convicted of resisting arrest even without being convicted of the underlying petit larceny charge (see People v Laltoo, 22 AD3d 230 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 29, 2010