People v. Lewis

204 A.D.2d 253, 613 N.Y.S.2d 2, 1994 N.Y. App. Div. LEXIS 5791

Opinion

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered September 25, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 6 years to life, unanimously affirmed.

Contrary to defendant’s contention, the radio run stating that a light-skinned black male wearing a red sweatsuit, accompanied by another male wearing a black and white jacket, had a gun at a specified intersection afforded the police at least the common law right to inquire of defendant (see, People v Be Bour, 40 NY2d 210). Defendant’s flight before the officers questioned him justified pursuit in the circumstances of this case (see, People v Bora, 83 NY2d 531).

Finally, inconsistent testimony from the officers on immaterial matters did not render the testimony as a whole incredible as a matter of law (see, People v Fryer, 186 AD2d 405, lv denied 81 NY2d 762). Concur—Sullivan, J. P., Rosenberger, Ellerin, Asch and Nardelli, JJ.