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People v. Bertino

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 1983
93 A.D.2d 972 (N.Y. App. Div. 1983)

Opinion

April 1, 1983

Appeal from the Ontario County Court, Reed, J.

Present — Dillon, P.J., Doerr, Boomer, Moule and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: From our review of the entire record, including the evidence submitted by the defense, we conclude that there is sufficient proof to sustain defendant's conviction of resisting arrest (Penal Law, § 205.30). His arrest was authorized since the police had reasonable cause to believe that he had committed the crime of reckless endangerment (see CPL 140.10, subd 1, par [b]; Penal Law, § 120.20). His later acquittal of this charge is of no consequence (see People v Williams, 25 N.Y.2d 86, 89-90). Defendant's own testimony established that he was informed of the reason for his arrest (CPL 140.15, subd 2) and supplied any alleged deficiency in the People's proof (see People v Kirkpatrick, 32 N.Y.2d 17, 21, app dsmd 414 U.S. 948; People v Farina, 290 N.Y. 272, 274). Defendant's remaining contentions are without merit.


Summaries of

People v. Bertino

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 1983
93 A.D.2d 972 (N.Y. App. Div. 1983)
Case details for

People v. Bertino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BERTINO…

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

Date published: Apr 1, 1983

Citations

93 A.D.2d 972 (N.Y. App. Div. 1983)

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