Opinion
Argued May 13, 1999
June 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered May 8, 1998, convicting him of resisting arrest, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Robin A. Forshaw, and Donna Aldea of counsel), for respondent.
SONDRA MILLER, J.P., DANIEL W. JOY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his conviction is not supported by legally sufficient evidence is unpreserved for appellate review ( see, People v. Vega, 183 A.D.2d 864). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's assertions, there existed probable cause for his arrest ( see, People v. Rosario, 78 N.Y.2d 583, 588; People v. Pascual, 173 A.D.2d 746, 747).
The tape of a 911 telephone call describing events which occurred after the crime of resisting arrest had been completed was not relevant and properly excluded.