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People v. Jones

196 A.D.2d 788 Court N.Y. App. Div. Decision date 1993-09-30 English

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p. 788
The People of the State of New York, Respondent, v Richard Jones, Appellant.
[602 NYS2d 110]

Judgment, Supreme Court, New York County (Richard Lowe, III, J., at suppression hearing; Daniel FitzGerald, J., at plea and sentence) rendered September 28, 1990, convicting defendant, upon his guilty plea, of attempted criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 2 Vi to 5 years, unanimously affirmed.

A police officer who knew the tenants of a drug-prone building properly approached defendant late at night to ask him why he was standing in front of the building with a bag in one hand and counting money in the other (see, People v Hollman, 79 NY2d 181 ). When defendant fled prior to any

p. 789
questioning, the officers were justified in pursuing him (People v Leung, 68 NY2d 734 ), and then had probable cause to arrest when defendant dropped two vials of crack as he fled. The hearing court properly found that the drugs were abandoned (People v Boodle, 47 NY2d 398 ). We have considered defendant’s other contention and find it to be without merit. Concur —Sullivan, J. P., Carro, Kupferman and Nardelli, JJ.

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