← Cases

People v. Turner

250 A.D.2d 534 Court N.Y. App. Div. Decision date 1998-05-26 English

Contents

Majority

p. 534
The People of the State of New York, Respondent, v Joseph Turner, Appellant.
[672 NYS2d 706]

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered August 30, 1995, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. After quickly responding to a radio transmission that gunshots had been fired and observing defendant suddenly dart out of a crowd in an apparent effort to evade the police, the officers

p. 535
properly asked him to step over to their car (see, People v Bellamy, 228 AD2d 230 , lv denied 88 NY2d 990 ). Upon defendant’s flight, the police acquired reasonable suspicion justifying pursuit (People v Salva, 228 AD2d 344 , lv denied 89 NY2d 867 ; People v Blackwell, 206 AD2d 300 , appeal dismissed 85 NY2d 851 ), and thus, defendant’s abandonment of a handgun was not the product of any unlawful police action. Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

Cases cited