| People v Thornhill |
| 2013 NY Slip Op 02598 [105 AD3d 978] |
| April 17, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Mobutu Thornhill, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Darcy Rydlun, Steven A.Bender, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Warhit, J.), rendered May 24, 2011, convicting him of resisting arrest, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his conviction of resisting arrest is not supported bylegally sufficient evidence is unpreserved for appellate review, as defense counsel did notspecifically address the resisting arrest count when he moved for a trial order of dismissal(see People v Hawkins, 11NY3d 484, 492-493 [2008]; People v Parris, 70 AD3d 725, 727 [2010]). In any event,viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient toestablish beyond a reasonable doubt the defendant's guilt of resisting arrest.
Furthermore, upon our independent review pursuant to CPL 470.15 (5), we aresatisfied that the verdict of guilt on the count of resisting arrest was not against theweight of the evidence (seePeople v Romero, 7 NY3d 633 [2006]). Rivera, J.P., Dickerson, Leventhal andHinds-Radix, JJ., concur.