PEOPLE v. ALMANZAR

2019-00361. Ind. No. 17-00490.

195 A.D.3d 941 (2021)

146 N.Y.S.3d 502

2021 NY Slip Op 04026

The People of the State of New York, Respondent, v. Moises Almanzar, Appellant.

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

Decided June 23, 2021.


Attorney(s) appearing for the Case

Kenyon C. Trachte , Newburgh, NY, for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Robert H. Middlemiss of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.


Ordered that the judgment is affirmed.

While a police officer was attempting to place the defendant under arrest pursuant to a valid warrant, a struggle ensued. Thereafter, the police officer sought medical attention and ultimately missed approximately five weeks of work. The defendant was convicted after a jury trial of assault in the second degree and resisting arrest (two counts).

The defendant contends that his conviction of assault in the second degree...

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