Opinion
Decided February 10, 1998
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
Defendant's suppression motion was properly denied. The record supports the court's credibility determinations. There was reasonable suspicion to pursue defendant where, within minutes of receiving a transmission of an African-American man wearing a beige jacket and carrying a gun, the officers encountered defendant, who matched the description, near the reported location, and defendant immediately fled upon making eye contact with one of the officers as the police car approached the scene (Matter of Dalmin M., 201 A.D.2d 343, appeal dismissed 83 N.Y.2d 883). There was probable cause to arrest defendant when he discarded the gun during his flight (People v. Smith, 220 A.D.2d 219, lv denied 87 N.Y.2d 1025).
Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.