People v. Andrews
| Decision Date | 08 November 2017 |
| Parties | The PEOPLE, etc., respondent, v. Adrian ANDREWS, appellant. |
| Court | New York Supreme Court — Appellate Division |
155 A.D.3d 764
64 N.Y.S.3d 282
The PEOPLE, etc., respondent,
v.
Adrian ANDREWS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 8, 2017.
Victor Knapp, Kew Gardens, NY (Randall Unger of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Nancy Fitzpatrick Talcott, and Jonathan K. Yi of counsel), for respondent.
RANDALL T. ENG, P.J., SHERI S. ROMAN, ROBERT J. MILLER, and LINDA CHRISTOPHER, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered November 30, 2016, convicting him of resisting arrest, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Blumenfeld, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence. By decision and order on motion dated December 20, 2016, this Court, inter alia, granted the defendant's motion to stay execution of the judgment pending the hearing and determination of the appeal.
ORDERED that the judgment is reversed, as a matter of discretion in the interest of justice, count seven of the indictment charging resisting arrest is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.
On the night of June 24, 2013, police officers received a radio call for an incident involving a "man with a firearm." The radio call did not provide a description of the suspect. When the officers arrived at the alleged location of the incident, the complainant stated that while he was walking home from a store where he worked, he was "approached by a male black in a white BMW" who "pointed a gun out the window at him." The complainant led the officers down a block, pointed to two black males standing in the driveway of a house, and stated
"that's them." The complainant did not identify which of the two men had threatened him with the firearm. The two men were later identified as the defendant and Anthony Legister. Officers Evan Marro and Dominic Scicutella testified at trial that the defendant and Legister had been standing near a silver Mercedes that was parked in the driveway, and that there was a white BMW parked in the street perpendicular to the driveway such that it blocked the Mercedes in the driveway. Officer Marro testified that he saw Legister toss a silver metal object into the trunk of the Mercedes and then close the trunk. The officers approached the
defendant and Legister and frisked them. After the defendant refused to provide identification, and...
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...to prevent a police officer from effectuating an authorized arrest of himself or herself or another person[.]" (People v. Andrews, 64 N.Y.S. 3d 282, 284 (2d Dep't 2017)). At issue, is whether success on Plaintiff's claims for unreasonable seizure, false arrest, and unlawful detention would ......
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People v. Bentley
... ... the People had to prove, beyond a reasonable doubt, that ... defendant intentionally prevented or attempted to prevent a ... police officer from effectuating an authorized arrest of ... himself or another person (see Penal Law § ... 205.30; People v Andrews, 155 A.D.3d 764, 765 ... [2017]). Here, as to the charge of resisting arrest related ... to the March 28, 2018 incident, the People established that ... the arrest was authorized, as the evidence demonstrated that ... the arresting officers had probable cause to believe that ... ...