People v. Williams

Appellate Division of the Supreme Court of the State of New York

Sep 24, 2014

2012-09686

Versions:120 A.D.3d 1441

992 N.Y.S.2d 438

2014 NY Slip Op 06338

2014 N.Y. App. Div. LEXIS 6268

Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the defendant‘s omnibus motion which was to suppress physical evidence is denied.

The evidence admitted at the suppression hearing established that police officers had a founded suspicion that the defendant was engaged in criminal activity, warranting a common-law right of inquiry, which, because of the defendant‘s flight, escalated into reasonable suspicion to pursue (see People v Sierra, 83 NY2d 928, 929 [1994]; People v Riley, 290 AD2d 568, 569 [2002]). Since the pursuit of the defendant was justified, the gun he discarded during the pursuit was not subject to suppression as the product of unlawful police conduct (see People v Britt, 67 AD3d 1023, 1024 [2009]; People v Riley, 290 AD2d at 569). Dickerson, J.P., Chambers, Austin and Sgroi, JJ., concur.