Appellate Term, Second Department: December 20, 2022

Decision & Orders on Motions decided between:December 1, 2022

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By: Garguilo, P.J., Emerson, Driscoll, JJ. Nassau County Legal Aid Society (Tammy Feman and Mia Guthart of counsel), for appellant. Nassau County District Attorney (Sarah S. Rabinowitz, Libbi L. Vilher and Michael Balch of counsel), for respondent.

2020-726 N CR. PEOPLE v. HILTON-JONES, RONDESE — Appeal from judgments of the District Court of Nassau County, First District (Joy M. Watson, J.), rendered January 29, 2020. The judgments convicted defendant, upon jury verdicts, of resisting arrest, failing to signal and using a mobile telephone while operating a motor vehicle, respectively, and imposed sentences. The appeal brings up for review so much of an order of the District Court rendered November 6, 2019 as granted a Molineux motion and granted, in part, a Sandoval motion. ORDERED that the judgments of conviction are affirmed. In the evening of May 29, 2018, defendant’s vehicle was stopped by a police officer and, following a foot chase, defendant was arrested on a felony charge of tampering with physical evidence (Penal Law §215.40 [1]), misdemeanor charges of resisting arrest (Penal Law §205.30) and aggravated unlicensed operation of a motor vehicle in the second degree (Vehicle and Traffic Law §511 [2] [a] [ii]), and traffic infractions of failing to signal when turning (Vehicle and Traffic Law §1163 [a]) and using a mobile telephone while operating a motor vehicle (Vehicle and Traffic Law §1225-c [2] [a]). Each charge was set forth in a distinct accusatory instrument: the felony in a felony complaint, the two misdemeanors in informations, and the two traffic violations in simplified traffic informations. Prior to trial, the felony charge was reduced to attempted tampering with physical evidence (Penal Law §§110.00, 215.40 [1]) and the charge of aggravated unlicensed operation of a motor vehicle in the second degree was dismissed.

Appellate Term, Second Department: December 20, 2022

Decision & Orders on Motions decided between:December 1, 2022

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