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People v. Cumberbacths

Appellate Division of the Supreme Court of New York, First Department
May 21, 1998
250 A.D.2d 505 (N.Y. App. Div. 1998)

Opinion

May 21, 1998

Appeal from the Supreme Court, New York County (Felice Shea, J.).


Defendants suppression motion was properly denied. The radio transmission of an assault in progress and the indications from a woman in that building directing them to the screams of another woman, which the officers themselves heard just prior to defendants appearance in the buildings doorway, together with defendants actions of immediately stopping upon seeing the officers, widening his eyes, dropping his mouth and then running back inside the building, provided reasonable suspicion to pursue defendant ( see, People v. Martinez, 80 N.Y.2d 444, 448; People v. Blackwell, 206 A.D.2d 300, appeal dismissed 85 N.Y.2d 851). Defendant's abandonment of a clear plastic bag of cocaine was thus not precipitated by any unlawful police conduct.

Defendants challenge to his resisting arrest conviction is without merit.

Concur — Rosenberger, J.P., Wallach, Tom and Saxe, JJ.


Summaries of

People v. Cumberbacths

Appellate Division of the Supreme Court of New York, First Department
May 21, 1998
250 A.D.2d 505 (N.Y. App. Div. 1998)
Case details for

People v. Cumberbacths

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERMIN CUMBERBACTHS…

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

Date published: May 21, 1998

Citations

250 A.D.2d 505 (N.Y. App. Div. 1998)
674 N.Y.S.2d 7

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