PEOPLE v. BALTAZAR

458 KA 19-00205.

183 A.D.3d 1266 (2020)

121 N.Y.S.3d 716

2020 NY Slip Op 02583

The People of the State of New York, Respondent, v. James Baltazar, Appellant.

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

Decided May 1, 2020.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05[3]), defendant contends that the conviction is based on legally insufficient evidence. We reject that contention. The People were required to prove beyond a reasonable doubt that defendant acted "[w]ith intent to prevent a peace officer ... from performing...

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