Opinion
2014-10-15
The PEOPLE, etc., respondent, v. Alfonzo BRUNSON, appellant.
John De Chiaro, Larchmont, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
John De Chiaro, Larchmont, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered March 9, 2010, convicting him of obstructing governmental administration in the second degree and resisting arrest, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to prove the charges of obstructing governmental administration in the second degree (Penal Law § 195.05) and resisting arrest (Penal Law § 205.30) by legally sufficient evidence is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Samaroo, 59 A.D.3d 744, 875 N.Y.S.2d 108; People v. Moore, 36 A.D.3d 719, 826 N.Y.S.2d 570; People v. Zeagers, 248 A.D.2d 739, 670 N.Y.S.2d 334). The defendant's post-verdict motion pursuant to CPL 330.30 was insufficient to preserve this issue for appellate review ( see People v. Padro, 75 N.Y.2d 820, 821, 552 N.Y.S.2d 555, 551 N.E.2d 1233; People v. Borukhova, 89 A.D.3d 194, 225, 931 N.Y.S.2d 349; People v. Stewart, 71 A.D.3d 797, 798, 900 N.Y.S.2d 60). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover upon the exercise of our factual review power ( see CPL 740.15[5] ), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902). MASTRO, J.P., CHAMBERS, SGROI and LaSALLE, JJ., concur.