People v. Collins
| Citation | 578 N.Y.S.2d 273,178 A.D.2d 789 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Kevin N. COLLINS, Appellant. |
| Decision Date | 26 December 1991 |
| Court | New York Supreme Court Appellate Division |
Aaron Turetsky, Port Kent, for appellant.
Richard H. Edwards, Dist. Atty. (Andrew W. Schrader, of counsel), Malone, for respondent.
Before MAHONEY, P.J., and CASEY, LEVINE, MERCURE and CREW, JJ.
Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered December 10, 1990, upon a verdict convicting defendant of the crime of resisting arrest and the violation of harassment.
Defendant was indicted for assault in the second degree, resisting arrest and harassment as the result of an altercation with Terrence Maguire, a police officer. All three charges were tried before a jury, which acquitted defendant of assault in the second degree and found him guilty of the remaining charges. County Court imposed concurrent jail sentences aggregating one year and defendant now appeals, contending that the evidence was insufficient to support the verdict and, alternatively, that the verdict was contrary to the weight of the evidence.
We reject defendant's contentions and accordingly affirm. Viewed in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), the evidence shows that on July 21, 1990, Maguire was dispatched to defendant's house in connection with a domestic dispute. When Maguire arrived, defendant and his wife were engaged in an argument on the sidewalk in front of the house. Defendant then turned away from his wife and proceeded toward the house. Maguire followed him and, as Maguire approached the front door to the house, defendant turned toward Maguire, shoved him and attempted to close the door on him. Maguire then entered the house and advised defendant that he was under arrest for harassment based upon his act of shoving Maguire as he approached the door. Defendant resisted Maguire's attempt to place him in handcuffs, struggled with Maguire and bit his thumb.
Contrary to defendant's contention, the evidence was legally sufficient to establish each element of harassment in violation of Penal Law § 240.25(1), including "intent to harass, annoy or alarm". Such intent may, and in most instances must, be established by inferences drawn from the surrounding circumstances (see, People v. Dorns, 88 Misc.2d 1064, 1065, 390 N.Y.S.2d 546; People v. Bende...
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Kayo v. Mertz
...physical contact with the officer, from which an on-scene officer could infer intent to harass. See People v. Collins , 178 A.D.2d 789, 789, 578 N.Y.S.2d 273 (3d Dep't 1991) (defendant turned toward officer as he entered the house, "shoved him and attempted to close the door on him"); Peopl......
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People v. Reid
...lv denied 91 N.Y.2d 894 (1998). Intent can be implied from the defendant's conduct and/or the surrounding circumstances. People v. Collins, 178 A.D.2d 789 (3d Dept.1991) ; People v. Hawkins, 1 Misc.3d 905(A) (Crim Ct, N.Y. County 2003).While it is entirely plausible that defendant may have ......
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In re Victoria W.
...courts hold that pushing an officer amounts to the violation of harassment (PL § 240.26(1); see, e.g., People v. Collins, 178 A.D.2d 789, 578 N.Y.S.2d 273 (3d Dept.1991)(upholding a conviction for resisting arrest of an adult who attempted to enter his house and committed harassment by push......
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People v. M.J.
...the surrounding circumstances. See, People v. Bracey, 41 N.Y.2d 296, 392 N.Y.S.2d 412, 360 N.E.2d 1094 (1977) ; People v. Collins, 178 A.D.2d 789, 578 N.Y.S.2d 273 (3d Dept.1991) ; People v. Strong, 179 Misc.2d 809, 689 N.Y.S.2d 341 (App Term, 2d Dept.1999) ; People v. Hawkins, 1 Misc.3d 90......