People v. Spicer

Appellate Division of the Supreme Court of New York

People v. Spicer

172 A.D.2d 300, 568 N.Y.S.2d 109, 1991 N.Y. App. Div. LEXIS 4739

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

DecidedApril 16, 1991

StatusPublished

Cited by1 cases

This text of 172 A.D.2d 300 (People v. Spicer) 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. Spicer, 172 A.D.2d 300, 568 N.Y.S.2d 109, 1991 N.Y. App. Div. LEXIS 4739 (N.Y. Ct. App. 1991).

Pincite

Opinion

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 17, 1989, convicting defendant on his plea of guilty of criminal possession of a weapon in the third degree, and sentencing him as a persistent violent felony offender to an indeterminate term of imprisonment of eight years to life, unanimously affirmed.

Uniformed officers, responding to a radio run at 1:50 a.m. reporting a man stripping a van, found the defendant, who matched the radioed description, on an otherwise deserted street near a van. Defendant fled when the officers attempted to question him, and during the course of the chase, turned toward the officers and discarded the gun. Defendant pleaded guilty after his motion to suppress the gun was denied.

The officers’ initial approach to question defendant was proper. Their pursuit was warranted, given the accuracy of the radioed description, the officers’ on-the-scene observations, and the defendant’s immediate flight. (People v Benjamin, 51 NY2d 267; People v Leung, 68 NY2d 734.) As the gun was recovered as a result of proper police procedure, the motion to suppress was properly denied. Concur—Sullivan, J. P., Rosenberger, Kupferman, Asch and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 17, 1989, convicting defendant on his plea of guilty of criminal possession of a weapon in the third degree, and sentencing him as a persistent violent felony offender to an indeterminate term of imprisonment of eight years to life, unanimously affirmed.

Uniformed officers, responding to a radio run at 1:50 a.m. reporting a man stripping a van, found the defendant, who matched the radioed description, on an otherwise deserted street near a van. Defendant fled when the officers attempted to question him, and during the course of the chase, turned toward the officers and discarded the gun. Defendant pleaded guilty after his motion to suppress the gun was denied.

The officers’ initial approach to question defendant was proper. Their pursuit was warranted, given the accuracy of the radioed description, the officers’ on-the-scene observations, and the defendant’s immediate flight. (People v Benjamin, 51 NY2d 267; People v Leung, 68 NY2d 734.) As the gun was recovered as a result of proper police procedure, the motion to suppress was properly denied. Concur—Sullivan, J. P., Rosenberger, Kupferman, Asch and Kassal, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

172 A.D.2d 300, 568 N.Y.S.2d 109, 1991 N.Y. App. Div. LEXIS 4739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spicer-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack