People v. Corona

Appellate Division of the Supreme Court of New York

People v. Corona

142 A.D.3d 889, 38 N.Y.S.3d 141

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

DecidedSeptember 27, 2016

Docket1746 388/11 1745

StatusPublished

This text of 142 A.D.3d 889 (People v. Corona) 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. Corona, 142 A.D.3d 889, 38 N.Y.S.3d 141 (N.Y. Ct. App. 2016).

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Opinion

Judgments, Supreme Court, Bronx County (Margaret L. Clancy, J., at hearing; James M. Kindler, J., at pleas and sentencing), rendered November 7, 2013, convicting defendant of criminal possession of a weapon in the third degree and assault in the third degree, and sentencing him an aggregate term of 1 to 3 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The officer’s common-law inquiry was justified by the totality of his observations, including the particular position of defendant’s hand and his manner of walking, and his belief that defendant was holding what appeared to be the handle of a firearm (and not some innocuous object) at his waistband (see e.g. People v Feliz, 45 AD3d 437 [1st Dept 2007], lv denied 9 NY3d 1033 [2008]; Matter of Jamaal C., 19 AD3d 144 [1st Dept 2005]). Defendant’s immediate flight upon being approached by the officer, coupled with the officer’s observations, justified the police pursuit, during which time defendant deliberately discarded the pistol he was carrying (see e.g. People v Bush, 129 AD3d 537 [1st Dept 2015]; People v Pitman, 102 AD3d 595 [1st Dept 2013], lv denied 21 NY3d 1018 [2013]).

Concur — Sweeny, J.R, Manzanet-Daniels, Feinman, Kapnick and Webber, JJ.

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Judgments, Supreme Court, Bronx County (Margaret L. Clancy, J., at hearing; James M. Kindler, J., at pleas and sentencing), rendered November 7, 2013, convicting defendant of criminal possession of a weapon in the third degree and assault in the third degree, and sentencing him an aggregate term of 1 to 3 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The officer’s common-law inquiry was justified by the totality of his observations, including the particular position of defendant’s hand and his manner of walking, and his belief that defendant was holding what appeared to be the handle of a firearm (and not some innocuous object) at his waistband (see e.g. People v Feliz, 45 AD3d 437 [1st Dept 2007], lv denied 9 NY3d 1033 [2008]; Matter of Jamaal C., 19 AD3d 144 [1st Dept 2005]). Defendant’s immediate flight upon being approached by the officer, coupled with the officer’s observations, justified the police pursuit, during which time defendant deliberately discarded the pistol he was carrying (see e.g. People v Bush, 129 AD3d 537 [1st Dept 2015]; People v Pitman, 102 AD3d 595 [1st Dept 2013], lv denied 21 NY3d 1018 [2013]).

Concur — Sweeny, J.R, Manzanet-Daniels, Feinman, Kapnick and Webber, JJ.

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Bluebook (online)

142 A.D.3d 889, 38 N.Y.S.3d 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corona-nyappdiv-2016.

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