People v. Adams

Appellate Division of the Supreme Court of New York

People v. Adams

235 A.D.2d 253, 654 N.Y.S.2d 1, 1997 N.Y. App. Div. LEXIS 231

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

DecidedJanuary 14, 1997

StatusPublished

This text of 235 A.D.2d 253 (People v. Adams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Adams, 235 A.D.2d 253, 654 N.Y.S.2d 1, 1997 N.Y. App. Div. LEXIS 231 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 15, 1993, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The police observed a bleeding man pursuing defendant and another man, who continued to flee past the marked police car. This provided the police with reasonable suspicion for their pursuit of defendant (see, People v Youmans, 228 AD2d 345). Defendant fled into the subway, whereupon Transit Authority police found him trespassing in a nonpublic area accessible only by way of the subway tracks. Aside from the fact that the police in the subway were aware of the prior pursuit, the [254]*254trespass independently created probable cause to arrest (see, People v Glover, 209 AD2d 636, lv denied 85 NY2d 938). At the very least, the police were justified in forcibly detaining defendant for a prompt on-the-scene showup (see, e.g., People v Ortiz, 232 AD2d 180, 181), which , we find, was not unduly suggestive. We have considered defendant’s remaining arguments and find them to be without merit. Concur—Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.

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Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 15, 1993, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

The police observed a bleeding man pursuing defendant and another man, who continued to flee past the marked police car. This provided the police with reasonable suspicion for their pursuit of defendant (see, People v Youmans, 228 AD2d 345). Defendant fled into the subway, whereupon Transit Authority police found him trespassing in a nonpublic area accessible only by way of the subway tracks. Aside from the fact that the police in the subway were aware of the prior pursuit, the [254]*254trespass independently created probable cause to arrest (see, People v Glover, 209 AD2d 636, lv denied 85 NY2d 938). At the very least, the police were justified in forcibly detaining defendant for a prompt on-the-scene showup (see, e.g., People v Ortiz, 232 AD2d 180, 181), which , we find, was not unduly suggestive. We have considered defendant’s remaining arguments and find them to be without merit. Concur—Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.

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Bluebook (online)

235 A.D.2d 253, 654 N.Y.S.2d 1, 1997 N.Y. App. Div. LEXIS 231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-adams-nyappdiv-1997.

Opinion

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