From Casetext: Smarter Legal Research

People v. Adams

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 253 (N.Y. App. Div. 1997)

Opinion

January 14, 1997.

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 15, 1993, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Before: Sullivan, J. P., Milonas, Rosenberger and Rubin, JJ.


The police observed a bleeding man pursuing defendant and another man, who continued to flee past the marked police car. This provided the police with reasonable suspicion for their pursuit of defendant ( see, People v Youmans, 228 AD2d 345). Defendant fled into the subway, whereupon Transit Authority police found him trespassing in a nonpublic area accessible only by way of the subway tracks. Aside from the fact that the police in the subway were aware of the prior pursuit, the trespass independently created probable cause to arrest ( see, People v Glover, 209 AD2d 636, lv denied 85 NY2d 938). At the very least, the police were justified in forcibly detaining defendant for a prompt on-the-scene showup ( see, e.g., People v Ortiz, 232 AD2d 180, 181), which, we find, was not unduly suggestive. We have considered defendant's remaining arguments and find them to be without merit.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, First Department
Jan 14, 1997
235 A.D.2d 253 (N.Y. App. Div. 1997)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE ADAMS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 14, 1997

Citations

235 A.D.2d 253 (N.Y. App. Div. 1997)
654 N.Y.S.2d 1