People v. Ellis

Appeal from a judgment of the County Court of Broome County (Mathews, J„), rendered April 4, 2003, upon a verdict convicting defendant of the crimes of assault in the second degree (two counts) and resisting arrest.

On July 23, 2001, Farole Officer Kevin McCarthy, accompanied by two deputies from the U.S. Marshals Service and a Binghamton police sergeant, went to an apartment in the City of Binghamton, Broome County, to arrest defendant on a federal warrant. After gaining entry and encountering defendant lying on a couch, they advised him of the warrant and directed him to get up. Defendant…