In a July 2023 case before the Appellate Division, Third Department in New York, the defendant asked for the court to reconsider his guilty verdict for menacing a police officer pursuant to Penal law 120.18. According to the defendant, there was insufficient evidence to allow a jury to find him guilty, and the court should vacate the conviction as well as the related sentence. The court looked at the facts of the case, weighed the evidence, and eventually disagreed with the defendant, keeping his conviction in place.
Facts of the Case
According to the opinion, two deputy sheriffs went to the defendant’s home because he had failed to pay child support in accordance with his legal obligation. The sheriffs knocked on the defendant’s door to serve him with a warrant for his arrest. The defendant refused to allow the sheriffs to enter, at which point they called for backup and then pounded down the door.
The officers found the defendant standing at the entryway to his home with a rifle. The officers retreated and took cover, and a stand-off ensued that lasted two hours. Eventually, the defendant exited his home, having abandoned the weapon. The officers arrested him.