People v. Finegan , 1977 N.Y. App. Div. LEXIS 11288 ( 1977 )

Appeal by the People from an order of the Supreme Court, Queens County, dated April 2, 1976, which granted defendant’s motion to (1) set aside a jury verdict finding him guilty of resisting arrest and escape in the third degree and (2) dismiss the indictment. Order affirmed. The record supports the determination of the trial court that the jury’s verdict was one which would have resulted in a "miscarriage of justice”. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.