People v. Simms

On this appeal from a judgment of the Livingston County Court rendered January 22,1970 convicting defendant of resisting arrest, he raises the question of the sufficiency of the evidence and bases his claim on the sole ground that any alleged resistance was offered in connection with an unauthorized arrest.

While on routine patrol in a police car during the early morning hours of May 29, 1969 Officer Theodore Yates came upon a sizeable group of people ‘ ‘ milling around ’ ’ in front of a local tavern on the main street of the Village of Geneseo. He also observed a number of them with opened…