AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD LALTOO, Appellant.

There was sufficient evidence that the police were trying to effect an "authorized arrest" (Penal Law § 205.30), in that they had probable cause to arrest defendant. "Probable cause does not require . . . proof beyond a reasonable doubt" ( People v. Mercado, 68 NY2d 874, 877, cert denied 479 US 1095). Furthermore, defendant could properly be convicted of resisting arrest even without being convicted of any underlying crime ( see People v. Thomas, 239 AD2d 246, 247, lv denied 90 NY2d 911). Defendant's remaining challenges to the sufficiency of the evidence are unpreserved ( People v. Gray, 86 NY2d 10), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

The court properly replaced a juror who, due to an emergency visit to the dentist, would not be available within two hours of the time set by the court for the trial to resume ( see People v. Jeanty, 94 NY2d 507).

The record establishes that defendant received effective assistance of counsel under both the state and federal standards ( see People v. Benevento, 91 NY2d 708, 713-714; see also Strickland v. Washington, 466 US 668).

Use AI to get other relevant cases.

Comments

PEOPLE v. LALTOO
(Oct 4, 2005)