Opinion
Submitted October 1, 2001.
October 22, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered July 8, 1999, convicting him of criminal possession of a weapon in the third degree, assault in the second degree (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Sharon Y. Brodt, and Michelle Wolf of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
Police officers observed that a pocket of the defendant's down jacket was weighted down with a gun-shaped object. The officers stopped to inquire of the defendant, who fled. While chasing the defendant, the officers saw the defendant draw a gun from his pocket. Two of the officers were injured while attempting to arrest the defendant.
Since the initial stop was justified by the reasonable suspicion that the defendant possessed a gun (see, People v. Prochilo [Goings], 41 N.Y.2d 759, 762; People v. Drone, 272 A.D.2d 53; People v. Wright, 253 A.D.2d 720; People v. Rogers, 121 A.D.2d 481), the police were justified in pursuing the defendant when he fled and then displayed a weapon (see, People v. Matienzo, 81 N.Y.2d 778, 780; People v. Martinez, 80 N.Y.2d 444, 448; People v. Selby, 220 A.D.2d 544, 545). Thus, the officers were engaged in a lawful activity when they were injured by the defendant, and the convictions of assault in the second degree are supported by legally sufficient evidence (see, Penal Law § 120.05; People v. Voliton, 83 N.Y.2d 192, 197; People v. Sawyer, 270 A.D.2d 293, 294; cf., People v. Contes, 60 N.Y.2d 620).
The defendant's remaining contention is unpreserved for appellate review (see, CL 470.05[2]).
RITTER, J.P., FLORIO, FEUERSTEIN and CRANE, JJ., concur.