PEOPLE v. BADIA


46 A.D.3d 312 (2007)

846 N.Y.S.2d 904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO BADIA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 13, 2007.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The circumstances, including defendant's threats of violence while holding a knife, support the conclusion that the police were in the process of arresting defendant, that he knew that the men detaining him were trying to arrest him, and that he intended to resist arrest (see People v Clark, 241 A.D.2d 710 [1997], lv denied

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