Summary
holding that evidence against defendant who fled from site of crime and was pursued by police was sufficient to sustain conviction for resisting arrest
Summary of this case from Sullivan v. GagnierOpinion
December 13, 1993
Appeal from the Supreme Court, Kings County (Rienzi, J.).
Ordered that the judgment is affirmed.
A conviction for resisting arrest requires that the People establish, inter alia, that the arrest was authorized (see, Penal Law § 205.30; People v Parker, 33 N.Y.2d 669). The defendant's claims that he was illegally seized and that his arrest was not based on probable cause are not preserved for appellate review (see, CPL 470.05). In any event, the evidence was sufficient to establish that the police acted properly in pursuing the defendant, after they heard a woman scream for the police, and saw the defendant, who was holding a woman's bag, flee from the site of the scream (see, People v Bigelow, 66 N.Y.2d 417, 423; see also, People v Brown, 173 A.D.2d 629). In addition, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15). Rosenblatt, J.P., Miller, Lawrence and Pizzuto, JJ., concur.