PEOPLE v. LALTOO (2005)

Judgment, Supreme Court, Bronx County (Michael R. Sonberg, J.), rendered March 30, 2004, convicting defendant, after a jury trial, of resisting arrest, and sentencing him to a term of 3 years' probation, unanimously affirmed.

 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 N.Y.2d 874, 877, 508 N.Y.S.2d 419, 501 N.E.2d 27 [1986], cert. denied 479 U.S. 1095, 107 S.Ct. 1313, 94 L.Ed.2d 166 [1987] ).   Furthermore, defendant could properly be convicted of resisting arrest even without being convicted of any underlying crime (see People v. Thomas, 239 A.D.2d 246, 247, 657 N.Y.S.2d 184 [1997], lv. denied 90 N.Y.2d 911, 663 N.Y.S.2d 523, 686 N.E.2d 235 [1997] ).   Defendant's remaining challenges to the sufficiency of the evidence are unpreserved (People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919 [1995] ), 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 N.Y.2d 507, 706 N.Y.S.2d 683, 727 N.E.2d 1237 [2000] ).

The record establishes that defendant received effective assistance of counsel under both the state and federal standards (see People v. Benevento, 91 N.Y.2d 708, 713-714, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998];  see also Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 [1984] ).