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PEOPLE STATE NEW YORK v. JEROME W. GODBOLD (09/30/94)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


filed: September 30, 1994.

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JEROME W. GODBOLD, JR., APPELLANT.

(Appeal from Judgment of Wayne County Court, Sirkin, J. - Assault, 2nd Degree.)

Present: Balio, J.p., Lawton, Wesley, Doerr, Davis, JJ.

Judgment unanimously affirmed. Memorandum: We reject the contention that the proof is legally insufficient to sustain defendant's conviction. Defendant, appearing upset, approached Officer Freeland, who was administering sobriety tests to defendant's friend. Another officer, providing security for Freeland, directed defendant to stop, but defendant pushed past that officer toward Freeland. That conduct is sufficient to constitute physical interference and obstruction of the official duties being performed by the officers (see, People v Tarver, 188 A.D.2d 938, lv denied 81 N.Y.2d 893). Additionally, the testimony of the officers regarding severe pain from injuries sustained while struggling with defendant, together with the objective evidence concerning those injuries, is sufficient to sustain defendant's conviction of two counts of assault in the second degree (see, Penal Law § 10.00 [9]; § 120.05 [3]).

We have reviewed the remaining contentions of defendant and conclude that they are without merit.

19940930

© 1998 VersusLaw Inc.



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