WHITE PLAINS – The Appellate Division of State Supreme Court has upheld the conviction and sentencing of a former Bronx man who fled from Mount Vernon Police in his vehicle in November 2015 and later struck two officers leaving both with serious physical injuries.
Nathan Irizzary, now 41, was later arrested on an unrelated case.
He was sentenced to 15 years in state prison.
On appeal, he raised several issues including that lineup evidence should be suppressed because he was the shortest person in the lineup and the only person with a “chin-strap” beard. He also argued the police lacked probable cause to place him in the lineup.
Irizarry also argued on appeal that his conviction of assault on a police officer was not legally sufficient to establish that he intended to prevent the officer from performing a lawful duty or that he was aware that the officer was near his vehicle when he suddenly reversed, striking him.
Irizarry also challenged county court’s instructions to the jury regarding the element of intent.
The appellate court rejected all of his contentions.
