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THE PEOPLE, res v. GOCE CVETKOVSKI, def-app

09-049. THE PEOPLE, res v. GOCE CVETKOVSKI, def-app — Judgment of conviction (Ellen M. Coin, J.), rendered April 4, 2008, affirmed.

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09-049. THE PEOPLE, res v. GOCE CVETKOVSKI, def-app — Judgment of conviction (Ellen M. Coin, J.), rendered April 4, 2008, affirmed.

Defendant’s conviction for resisting arrest (see Penal Law §205.30) was supported by legally sufficient evidence. It was “not necessary that…defendant be specifically informed that he was to be arrested in order for [his] resisting arrest conviction to stand; it is sufficient that such knowledge was inferable from the surrounding facts and circumstances” (Matter of Davaun M., 44 AD3d 420 [2007], quoting People v. Gray, 189 AD2d 922, 923 [1993], lv denied 81 NY2d 886 [1993]). Here, viewing the evidence in the light most favorable to the People (see People v. Contes, 60 NY2d 620 [1983]), the jury could rationally infer that defendant knew he was being arrested when the officers removed their handcuffs and ordered defendant to place his hands behind his back; and that defendant’s flailing and physical struggle with the officers were deliberate acts to resist arrest (see People v. Badia, 46 AD3d 312 [2007], lv denied 10 NY3d 761 [2008]; People v. Karim, 176 AD2d 670 [1991], lv denied 79 NY2d 859 [1992]). Nor was the conviction against the weight of the evidence (see People v. Bleakely, 69 NY2d 490, 495 [1987]).

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