Opinion
November 7, 1994
Appeal from the Supreme Court, Kings County (Patterson, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the police had sufficient grounds to detain and then arrest the defendant. Any inquiry into the propriety of police conduct involves a weighing of the degree of intrusion it entails against the precipitating and attending circumstances (see, People v. De Bour, 40 N.Y.2d 210, 223). It is settled that where a police officer has reasonable suspicion that a particular person was involved in a felony or misdemeanor, the officer is authorized to forcibly stop and detain that person (see, People v. De Bour, supra, at 223).
Here, the defendant jumped out of a first floor window while carrying a gun at a time when the police officers had firsthand knowledge that two black males were committing an alleged robbery in a first floor apartment. The complaining witness appeared on the scene seconds later and spontaneously identified the defendant as one of the two individuals who had robbed him a few minutes earlier. Clearly, under the circumstances, there was probable cause for the defendant's arrest (see, People v. James, 194 A.D.2d 558; People v. Webster, 169 A.D.2d 796). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his in-custody statement to the police as well as the complainant's identification testimony.
Moreover, the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.