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People v. Garnett

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 492 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered January 13, 1995, convicting him of obstructing governmental administration, after a nonjury trial, and imposing sentence.

Before: Miller, J. P., Santucci, Joy and Krausman, JJ.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contentions that the People did not prove his guilt beyond a reasonable doubt by legally sufficient evidence and that his conviction should be reversed because the police lacked probable cause to arrest his codefendant and because of a delay in turning over the police officers' notes ( see, CPL 470.05).

In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant's acts constituted a knowing, physical interference with, and disruption of, the official function being performed by the officers ( see, Matter of Samuel VV., 217 AD2d 863; Matter of Carlos G, 215 AD2d 165; People v Tarver, 188 AD2d 938; see also, People v Case, 42 NY2d 98, 102). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

In addition, the police had probable cause to arrest the codefendant ( see, People v Todaro, 26 NY2d 325, 329; Matter of Leonard D., 185 AD2d 315, 316; People v Brown, 116 AD2d 727, 728-729). Finally, the defendant failed to show substantial prejudice resulting from the People's delay in furnishing the police officers' notes ( see, People v Martinez, 71 NY2d 937, 940; People v Ranghelle, 69 NY2d 56, 63; People v Leon, 186 AD2d 587).


Summaries of

People v. Garnett

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 492 (N.Y. App. Div. 1997)
Case details for

People v. Garnett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GARNETT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 21, 1997

Citations

235 A.D.2d 492 (N.Y. App. Div. 1997)
652 N.Y.S.2d 1001

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