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People v. Hill

287 A.D.2d 650 Court N.Y. App. Div. Decision date 2001-10-22 English

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p. 650
The People of the State of New York, Respondent, v Anthony Hill, Also Known as Anthony Harris, Appellant.
[731 NYS2d 741]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered July 8, 1999, convicting him of criminal possession of a weapon in the third degree, assault in the second degree (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Police officers observed that a pocket of the defendant’s down jacket was weighted down with a gun-shaped object. The officers stopped to inquire of the defendant, who fled. While chasing the defendant, the officers saw the defendant draw a gun from his pocket. Two of the officers were injured while attempting to arrest the defendant.

Since the initial stop was justified by the reasonable suspicion that the defendant possessed a gun (see, People v Prochilo, 41 NY2d 759 , 762; People v Drone, 272 AD2d 53 ; People v Wright, 253 AD2d 720 ; People v Rogers, 121 AD2d 481 ), the police were justified in pursuing the defendant when he fled and then displayed a weapon (see, People v Matienzo, 81 NY2d 778 , 780; People v Martinez, 80 NY2d 444 , 448; People v Selby, 220 AD2d 544 , 545). Thus, the officers were engaged in

p. 651
a lawful activity when they were injured by the defendant, and the convictions of assault in the second degree are supported by legally sufficient evidence (see, Penal Law § 120.05 [3]; People v Voliton, 83 NY2d 192 , 197; People v Sawyer, 270 AD2d 293 , 294; cf., People v Contes, 60 NY2d 620 ).

The defendant’s remaining contention is unpreserved for appellate review (see, CPL 470.05 [2]). Ritter, J. P., Florio, Feuerstein and Crane, JJ., concur.

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