Legal Opinion

People v. Bertino

Appellate Division of the Supreme Court of the State of New York

Decided April 1, 1983PublishedCited by 5 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: From our review of the entire record, including the evidence submitted by the defense, we conclude that there is sufficient proof to sustain defendant’s conviction of resisting arrest (Penal Law, § 205.30). His arrest was authorized since the police had reasonable cause to believe that he had committed the crime of reckless endangerment (see GPL 140.10, subd 1, par [b]; Penal Law, § 120.20). His later acquittal of this charge is of no consequence (see People v Williams, *97325 NY2d 86, 89-90). Defendant’s own testimony established that he was informed of…

2Cases cited4 opinions

  1. People v. KirkpatrickNew York Court of Appeals · 1973
  2. People v. WilliamsNew York Court of Appeals · 1969
  3. People v. FarinaNew York Court of Appeals · 1943
  4. Kirkpatrick v. New YorkSupreme Court of the United States · 1973

3Cited by5 opinions

  1. People v. FabianAppellate Division of the Supreme Court of the State of New York · 1987
  2. People v. MayiAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. MirandaAppellate Division of the Supreme Court of the State of New York · 2010
  4. In re Charles M.New York City Family Court · 1987
  5. People v. LowmanAppellate Division of the Supreme Court of the State of New York · 2019

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