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IN RE VICTOR

Appellate Division of the Supreme Court of New York, First Department.
Oct 11, 2007
Important Paras
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The court's finding was based upon legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v Bleakley, 69 NY2d 490, 495). The obstructing charge was established by evidence that appellant used physical force to prevent officers from performing the official act of removing him from a school principal's office where he had been behaving disruptively ( see Penal Law § 195.05). Appellant then put up a struggle, resisting the officers' attempts to lawfully arrest him on the obstructing charge ( see Penal Law § 205.30). We have considered and rejected appellant's remaining arguments.