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People v. Esquilin

91 N.Y.2d 902 Court N.Y. Decision date 1998-02-11 English

Contents

Majority

p. 902
[691 NE2d 1024, 668 NYS2d 1000]
The People of the State of New York, Respondent, v Jose Esquilin, Appellant.
Argued January 13, 1998;
decided February 11, 1998
p. 904
APPEARANCES OF COUNSEL
Florian Miedel, New York City, Rosemary Herbert and Richard M. Greenberg for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (William McGuire and Sylvia Wertheimer of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

As there was evidence to support the lower courts’ determination that the police possessed a reasonable suspicion of criminal activity justifying the pursuit of defendant (see, People v Sierra, 83 NY2d 928 ), the issue is beyond this Court’s further review.

Defendant’s remaining contention that the trial court violated CPL 310.30 by failing to properly respond to a jury question is without merit.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.

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