People v. Till

201 A.D.2d 43, 614 N.Y.S.2d 726, 1994 N.Y. App. Div. LEXIS 8011
Appellate Division of the Supreme Court of the State of New York·Decided July 28, 1994·Published·Cited by 3 cases

Opinions

OPINION OF THE COURT

Sullivan, J.

In the prosecution of this fairly uncomplicated and rather straightforward aggravated gun possession case, the trial court improperly admitted evidence of an uncharged crime, that is, an alleged robbery that preceded the arresting officer’s pursuit and apprehension of defendant for the crime of which he was convicted, thereby depriving defendant of his right to a fair trial. Accordingly, the conviction must be reversed and the matter remanded for a new trial.

Insofar as is relevant, the following evidence was adduced at the trial, at which defendant did not testify. On September 10, 1990, at about 12:45 a.m., oíf-duty New York City Housing Authority Police Officer Hector was driving his automobile across the 149th Street Bridge from Manhattan when he observed two men, later identified as defendant and Edward Chestnut, running across the bridge toward Manhattan. As Hector continued driving, he noticed several persons standing beside a marked police car at the foot of the bridge. Apparently, only moments earlier, two men had nervously flagged down Police Officer Soto and Sergeant Alvarez, who were on routine motor patrol. After a brief conversation, the two men entered the patrol car and the officers proceeded over the bridge after defendant and Chestnut. With this turn of events, Hector made a U-turn and joined Officer Soto and Sergeant Alvarez in pursuit of the two men.

As the patrol car approached the fleeing defendant and Chestnut, Officer Soto exited the vehicle, shouting, "Freeze. Police.” Chestnut stopped and was placed under arrest. While Sergeant Alvarez remained on the bridge with Chestnut and called for backup units, Officer Soto resumed the chase of defendant, who was still being pursued by Hector in his automobile. On the Manhattan side of the bridge, at 145th Street and Lenox Avenue, Hector overtook defendant and "cut [him] off”. Defendant’s immediate response was to point a .357 magnum through the car window. Hector heard a click, but the gun failed to fire. After doing "almost a 360 in [his] car,” Hector exited the car, displayed his badge and pulled his own gun. Defendant began to flee. When Hector hollered, "[P]olice, don’t move”, defendant ignored the directive and continued [45]*45his flight. Hector was now joined by Detective Weiner, who, off duty and en route to Manhattan, realized that Hector was a police officer.

After running around the corner, defendant reemerged, pointed his gun at Hector and tried unsuccessfully to shoot him a second time. Defendant ran again, pursued by Hector, who observed him "crouch[ ] down” and throw his gun under a parked car. After a violent struggle, Hector, with the help of Detective Weiner, was able to apprehend defendant. Defendant’s .357 magnum, loaded with one .38 caliber bullet, was recovered from behind a parked car.

During the course of the trial, the People, over defendant’s objection, were allowed to introduce evidence of the alleged robbery, not charged in the instant indictment, that precipitated the chase of defendant and Chestnut.

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People v. Till, 201 A.D.2d 43, 614 N.Y.S.2d 726, 1994 N.Y. App. Div. LEXIS 8011 (N.Y. Ct. App. 1994).

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209 A.D.2d 240 (Appellate Division of the Supreme Court of New York, 1994)