People v. Bouwens
| Decision Date | 01 May 2015 |
| Docket Number | 515 KA 13-00975 |
| Citation | 8 N.Y.S.3d 525,128 A.D.3d 1393,2015 N.Y. Slip Op. 03688 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Herland W. BOUWENS, III, also known as Butch, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
128 A.D.3d 1393
8 N.Y.S.3d 525
2015 N.Y. Slip Op. 03688
The PEOPLE of the State of New York, Respondent
v.
Herland W. BOUWENS, III, also known as Butch, Defendant–Appellant.
515 KA 13-00975
Supreme Court, Appellate Division, Fourth Department, New York.
May 1, 2015.
William G. Pixley, Pittsford, for Defendant–Appellant.
R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of Counsel), for Respondent.
PRESENT: CENTRA, J.P., CARNI, SCONIERS, VALENTINO, and WHALEN, JJ.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him following a jury trial of, inter alia, assault on a police officer (Penal Law § 120.08 ). The charges against defendant arose out of his actions incident to his arrest for a parole violation, during which a sergeant of the Ontario County Sheriff's Office was injured. Contrary to defendant's contention, viewing the evidence in light of the elements of the assault count as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict finding that defendant intended to prevent the sergeant from performing his lawful duty, thereby injuring him (see § 120. 08; People v. Coombs, 56 A.D.3d 1195–1196, 867 N.Y.S.2d 322, lv. denied 12 N.Y.3d 782, 879 N.Y.S.2d 59, 906 N.E.2d 1093 ), is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). The People's evidence
at trial established that defendant was aware that he was the subject of an arrest warrant, had twice evaded the efforts of police officers to arrest him on that warrant, and had told his parole officer that he runs when he sees the police. Several police officers testified that defendant turned toward and ran into the sergeant attempting to apprehend defendant, and that...
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...125 A.D.3d 472, 472, 4 N.Y.S.3d 8, lv. denied 26 N.Y.3d 971, 18 N.Y.S.3d 607, 40 N.E.3d 585 ; see generally People v. Bouwens, 128 A.D.3d 1393, 1393–1394, 8 N.Y.S.3d 525 ). Contrary to defendant's contention, he was not entitled to a complete circumstantial evidence charge inasmuch as “[t]h......
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...it should be accorded on the element of intent (see People v. Hicks, 128 A.D.3d 1221, 1222–1223, 9 N.Y.S.3d 474 ; People v. Bouwens, 128 A.D.3d 1393, 1393, 8 N.Y.S.3d 525 ; see generally People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ). Any inconsistencies in the pol......