MIDDLETOWN – The Appellate Division of State Supreme Court has upheld the conviction of a Middletown man who was found guilty in Orange County Court of assaulting and resisting arrest by a Middletown City Police officer.
As a result of the January 4, 2017 incident, the officer was injured and out of work for five weeks.
In his appeal, Moises Almanzar, now 37, claimed he had not resisted arrest, but rather attempted to flee out of instinctual reaction borne from fear.
But the appellate court noted that he “admitted that a valid warrant had been issued for his arrest, effectively conceding the element of the crime to which he now objects – that the officer was performing a lawful duty” under the law.
Almanzar was sentenced in Orange County Court to six years in state prison and three years of post-release supervision.
