Opinion
November 21, 1994
Appeal from the Supreme Court, Kings County (Firetog, J.).
Ordered that the judgment is affirmed.
The defendant, who matched the description of the perpetrator of a burglary, was pursued by the police, and, during the course of the pursuit, jumped a turnstile and was arrested on the subway tracks for farebeating and trespassing. There was probable cause to arrest the defendant for crimes which the pursuing officer observed the defendant commit during the pursuit. Further, the search of the defendant incident to that arrest and the resultant recovery of a screwdriver was lawful, and the hearing court properly denied suppression thereof (see, People v. Perel, 34 N.Y.2d 462; People v. Johnson, 178 A.D.2d 490; People v. Adams, 123 A.D.2d 769).
We have considered the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.