People v. Gray
| Decision Date | 07 January 1993 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Bobby GRAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Roger M. Fritts (Jeanne M. Heran, of counsel), Albany, for appellant.
Sol Greenberg, Dist. Atty. (John E. Maney, of counsel), Albany, for respondent.
Before WEISS, P.J., and MERCURE, CREW, CASEY and HARVEY, JJ.
Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered July 10, 1991, upon a verdict convicting defendant of the crimes of assault in the second degree (two counts), criminal possession of a weapon in the third degree, assault in the third degree and resisting arrest.
In August 1990, a Grand Jury handed down a multicount indictment against defendant as a result of events which occurred on July 15, 1990 at defendant's apartment on State Street in the City of Albany. At approximately 4:00 A.M. on that date, Albany Police Officers Michael Parsons and Thomas McGraw arrived at the apartment in response to complaints of a possible domestic dispute. Upon their arrival, they viewed defendant's girlfriend, Lois Ivery, bleeding from the mouth as a result of being hit by defendant. Although Ivery did not want to press charges, the officers attempted to convince her to leave the premises. At one point defendant threatened to kill himself, Ivery and the officers and went to the kitchen to retrieve a 12-inch butcher knife. After first brandishing the knife at Ivery, a struggle ensued when the officers attempted to restrain him. The officers ordered defendant to drop the knife but, instead, he slashed at them repeatedly until he was finally subdued. As a result of this struggle, both Parsons and McGraw sustained several injuries including lacerations and puncture wounds.
Following a jury trial, defendant was convicted of two counts of assault in the second degree for the attack on the officers, one count of criminal possession of a weapon in the third degree, one count of assault in the third degree for the attack on Ivery and one count of resisting arrest. Defendant's motion to set aside the verdict was denied and defendant was sentenced to prison terms of 2 1/3 to 7 years for the assault in the second degree and criminal possession of a weapon convictions. However, the sentence for the weapons conviction was to run consecutively to the sentences for the assault in the second degree convictions, which were to run concurrently to each other. Defendant was also sentenced to concurrent one-year jail terms for the assault in the third degree and resisting arrest convictions. This appeal by defendant followed.
Initially, we disagree with defendant's contention that the People failed to establish each and every element of the crime of resisting arrest at trial. Defendant argues that he was allegedly not informed by Parsons and McGraw that he was going to be arrested and, therefore, his conviction cannot stand. His arguments lack merit. Significantly, it was not necessary that defendant be specifically informed that he was to be arrested in order for a resisting arrest conviction to stand; it is sufficient that such knowledge was inferable from the surrounding facts and circumstances (see, People v. Maturevitz, 149 A.D.2d 908, 540 N.Y.S.2d 44). Here, even viewing the evidence in the light most favorable to defendant (see, People v. Si Martin, 135 A.D.2d 591, 522 N.Y.S.2d 169, lv. denied 71 N.Y.2d 1033, 530 N.Y.S.2d 568, 526 N.E.2d 61), it is impossible to believe that defendant did not know that the police would attempt an arrest (see, id.; see also, People v. Karim, 176 A.D.2d 670, 671, 575 N.Y.S.2d 321, lv. denied 79 N.Y.2d 859, 580 N.Y.S.2d 731, 588 N.E.2d 766).
It is clear that the police officers arrived at defendant's apartment in the midst of a major altercation in which defendant inflicted visible injuries on Ivery. Although...
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