People v. Roberts

Appeal by defendant from a judgment of the County Court, Nassau County (Murray, J.), rendered October 19,1982, convicting him of burglary in the third degree, attempted assault in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence. Judgment affirmed. A review of the record indicates sufficient evidence in both quantity and quality to support the jury’s verdict (People v Contes, 60 NY2d 620; People v Gilligan, 42 NY2d 969; People v Coe, 99 AD2d 516). Nor is resisting arrest (Penal Law, § 205.30) a lesser included offense (CPL 1.20, subd 37) of attempted assault…