Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Michael D. STEVENS, Defendant–Appellant.
Kurt Hameline, New Hartford, for defendant-appellant. Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.
Kurt Hameline, New Hartford, for defendant-appellant.
Scott D. McNamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05[3] ) and resisting arrest (§ 205.30). Defendant's sole contention on appeal is that the People failed to present legally sufficient evidence establishing that the officers had probable cause to arrest him for disorderly conduct, which resulted in the crimes of which he was convicted. Defendant failed to renew his motion for a trial order of dismissal after presenting evidence, and he therefore failed to preserve his contention for our review (see People v. Hines, 97 N.Y.2d 56, 61, 736 N.Y.S.2d 643, 762 N.E.2d 329, rearg. denied 97 N.Y.2d 678, 738 N.Y.S.2d 292, 764 N.E.2d 396 ). In any event, we conclude that defendant's contention lacks merit (see People v. Sowell, 25 A.D.3d 386, 387, 808 N.Y.S.2d 46, lv. denied 7 N.Y.3d 763, 819 N.Y.S.2d 889, 853 N.E.2d 260 ; People v. Sekoll, 254 A.D.2d 797, 797, 679 N.Y.S.2d 225, lv. denied 92 N.Y.2d 1053, 685 N.Y.S.2d 432, 708 N.E.2d 189 ; see also People v. Tichenor, 89 N.Y.2d 769, 776–777, 658 N.Y.S.2d 233, 680 N.E.2d 606, cert. denied 522 U.S. 918, 118 S.Ct. 307, 139 L.Ed.2d 237 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed and the matter is remitted to Oneida County Court for proceedings pursuant to CPL 460.50(5).
WHALEN, P.J., CENTRA, PERADOTTO, DeJOSEPH, and SCUDDER, JJ., concur.