People v. Brunson

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 9, 2010, convicting him of obstructing governmental administration in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*915 The defendant’s contention that the People failed to prove the charges of obstructing governmental administration in the second degree (Penal Law § 195.05) and resisting arrest (Penal Law § 205.30) by legally sufficient evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Samaroo, 59 AD3d 744 [2009]; People v Moore, 36 AD3d 719 [2007]; People v Zeagers, 248 AD2d 739 [1998]). The defendant’s post-verdict motion pursuant to CPL 330.30 was insufficient to preserve this issue for appellate review (see People v Padro, 75 NY2d 820, 821 [1990]; People v Borukhova, 89 AD3d 194, 225 [2011]; People v Stewart, 71 AD3d 797, 798 [2010]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).