People v. Turner

250 A.D.2d 534, 672 N.Y.S.2d 706, 1998 N.Y. App. Div. LEXIS 5932

Opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered August 30, 1995, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. After quickly responding to a radio transmission that gunshots had been fired and observing defendant suddenly dart out of a crowd in an apparent effort to evade the police, the officers properly asked him to step over to their car (see, People v Bellamy, 228 AD2d 230, lv denied 88 NY2d 990). Upon defendant’s flight, the police acquired reasonable suspicion justifying pursuit (People v Salva, 228 AD2d 344, lv denied 89 NY2d 867; People v Blackwell, 206 AD2d 300, appeal dismissed 85 NY2d 851), and thus, defendant’s abandonment of a handgun was not the product of any unlawful police action. Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.