People v. Battest

Judgment unanimously affirmed. Memorandum: Defendant was convicted of assault in the second degree, resisting arrest, criminal mischief in the fourth degree, and attempted petit larceny. The latter two charges were based on defendant’s conduct in cutting a window screen and attempting to remove a radio from an inner windowsill. *959The first two counts stem from defendant’s conduct in repeatedly striking a police officer who was attempting to arrest defendant immediately following the property crime. Defendant’s primary contention on appeal is that the evidence is insufficient to support his…