Appellate Division of the Supreme Court of New York, 2008

In re Carlos S.

In re Carlos S.
Appellate Division of the Supreme Court of New York · Decided December 2, 2008
57 A.D.3d 211; 868 N.Y.2d 638
In re Carlos S.

Opinion of the Court

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Appellant’s physical acts of interference with the officers’ performance of their duty clearly satisfied the elements of Penal Law § 195.05 (see Matter of Quaniqua W., 25 AD3d 380 [2006]). The court’s dismissal of a resisting arrest charge does not warrant a different conclusion, because appellant’s argument in this regard merely speculates as to the reason for the dismissal (see People v Rayam, 94 NY2d 557 [2000]), and, in any event, because resisting arrest and obstructing governmental administration have different elements (see Matter of Johnetta T., 192 AD2d 416 [1993]). Concur—Mazzarelli, J.P., Saxe, Catterson, Renwick and Freed man, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.