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People v. Gaines

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 952 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Monroe County Court, Marks, J.

Present — Denman, P.J., Lawton, Wesley, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to the contention that County Court erred in denying defendant's motion to suppress. Within an hour of the robbery, the police interviewed the victim, who described one of the robbers as a thin, black male wearing a gold suit. Within minutes of the interview, an officer observed defendant, who matched the description given by the victim, in the vicinity of the robbery. When that officer approached defendant, he fled. During the chase, the pursuing officer lost sight of defendant at the back of a house. When the officer reached the front of that house, people were running from it, screaming that there was a strange man inside. The residents of the house directed the police to the basement. The police seized defendant, who was hiding under a sheet.


The officer's observations, when coupled with defendant's immediate flight upon being approached, established the necessary reasonable suspicion to justify the police pursuit of defendant (see, People v. Sierra, 83 N.Y.2d 928, 929-930; People v. Leung, 68 N.Y.2d 734, 736). Moreover, defendant's subsequent actions were not precipitated by any illegal police conduct.


Summaries of

People v. Gaines

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 952 (N.Y. App. Div. 1994)
Case details for

People v. Gaines

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE GAINES…

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

Date published: Sep 30, 1994

Citations

207 A.D.2d 952 (N.Y. App. Div. 1994)
617 N.Y.S.2d 81

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