Filed Date: 4/13/2004
Status: Precedential
Modified Date: 11/1/2024
Order of disposition,
The petition and supporting deposition alleged facts, which, if true, establish that appellant resisted an arrest that was authorized by law (see Penal Law § 205.30; cf. People v Alejandro, 70 NY2d 133 [1987]).
The court’s finding was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning credibility, including its weighing of conflicting testimony. We note that the officer’s testimony was corroborated by that of a bus dispatcher that appellant was behaving in a disorderly fashion and had resisted arrest.
The court properly concluded that a conditional discharge was an appropriate disposition and declined to dismiss the petition. Concur—Tom, J.P., Saxe, Ellerin, Lerner and Gonzalez, JJ.