People v. Diallo

OPINION OF THE COURT

Memorandum.

Ordered that the sentence is affirmed.

On January 15, 2011, the People charged defendant with assault in the third degree (Penal Law § 120.00 [1]), theft of services (Penal Law § 165.15 [3]), resisting arrest (Penal Law § 205.30), and harassment in the second degree (Penal Law § 240.26 [1]), alleging that, on November 24, 2010, a police officer, after having observed defendant enter the subway system without paying the fare, asked defendant to stand up to be handcuffed, and, in response, defendant pushed the officer and fled. The push caused the officer to fall…