Opinion
May 9, 1995
Appeal from the Supreme Court, New York County (Joan Sudolnik, J.).
The police had reasonable suspicion to believe that defendant had committed a crime when they saw him running down the street being chased by several people yelling "stop him" (People v Arthur, 209 A.D.2d 175). Appropriate force was used at first to halt defendant's flight and then to restrain him as he began to flail his arms (see, supra; cf., People v Acevedo, 179 A.D.2d 465, 465-466, lv denied 79 N.Y.2d 996). No arrest nor search was made until the complainant caught up to the officers and identified defendant as the person who had just robbed him.
Concur — Murphy, P.J., Ellerin, Rubin, Tom and Mazzarelli, JJ.