Majority
p. 972Fourth Department, April, 1983 (April 1, 1983) The People of the State of New York, Respondent, v Anthony Bertino, Appellant.
— Judgment unanimously affirmed. Memorandum: From our review of the entire record, including the evidence submitted by the defense, we conclude that there is sufficient proof to sustain defendant’s conviction of resisting arrest (Penal Law, § 205.30). His arrest was authorized since the police had reasonable cause to believe that he had committed the crime of reckless endangerment (see GPL 140.10, subd 1, par [b]; Penal Law, § 120.20). His later acquittal of this charge is of no consequence (see People v Williams,
p. 973
25 NY2d 86 , 89-90). Defendant’s own testimony established that he was informed of the reason for his arrest (CPL 140.15, subd 2) "and supplied any alleged deficiency in the People’s proof (see People v Kirkpatrick, 32 NY2d 17 , 21, app dsmd 414 US 948 ; People v Farina, 290 NY 272 , 274). Defendant’s remaining contentions are without merit. (Appeal from judgment of Ontario County Court, Reed, J. — criminal mischief, third degree, and resisting arrest.) Present — Dillon, P. J., Doerr, Boomer, Moule and Schnepp, JJ.
Cases cited
- People v. Williams 25 NY2d 86 at 89-90 p. 973
- People v. Kirkpatrick 32 NY2d 17 at 21 p. 973
- People v. Farina 290 NY 272 at 274 p. 973