Opinion
March 30, 1998
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to prove the charge of resisting arrest by legally sufficient evidence is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19). 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, since there was evidence that the arrest was premised on probable cause and the defendant struggled violently as he was handcuffed ( see, Penal Law § 205.30; People v. Jensen, 86 N.Y.2d 248; see also, People v. Peacock, 68 N.Y.2d 675). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).
Joy, J. P., Krausman, Florio and Luciano, JJ., concur.