PEOPLE v. McCREA

30 KA 19-01656.

202 A.D.3d 1437 (2022)

158 N.Y.S.3d 900

2022 NY Slip Op 00752

The People of the State of New York, Respondent, v. Christopher E. McCrea, Appellant.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

DAVID J. PAJAK , ALDEN, FOR DEFENDANT-APPELLANT.

DONALD G. O'GEEN , DISTRICT ATTORNEY, WARSAW ( VINCENT A. HEMMING OF COUNSEL), FOR RESPONDENT.

Present—Centra, J.P., NeMoyer, Curran and Bannister, JJ.


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

Memorandum: On appeal from a judgment convicting him following a jury trial of assault in the second degree (Penal Law § 120.05[3]), defendant contends that the evidence is legally insufficient to support the conviction inasmuch as the People failed to establish that he intended to prevent a police officer from performing a lawful duty. Defendant failed to preserve his contention...

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