Opinion
532 1439/12.
03-17-2016
The PEOPLE of the State of New York, Respondent, v. Franklin NUNEZ, etc., Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered July 8, 2013, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.
The court properly denied defendant's suppression motion.
Even if the police actions in seeking to stop defendant were initially unlawful, any illegality was attenuated by defendant's independent, calculated acts of picking up the pistol he had dropped in his flight, aiming it at one of the officers and firing two shots (see People v. Townes, 41 N.Y.2d 97, 101–102, 390 N.Y.S.2d 893, 359 N.E.2d 402 1976; People v. Cameron, 209 A.D.2d 159, 617 N.Y.S.2d 770 1st Dept.1994 appeal withdrawn 85 N.Y.2d 936, 627 N.Y.S.2d 998, 651 N.E.2d 923 1995 ).
We perceive no basis for reducing the sentence.
FRIEDMAN, J.P., ANDRIAS, SAXE, KAPNICK, JJ., concur.