Summary
In People v. Spicer (172 A.D.2d 300, lv denied 78 N.Y.2d 975), uniformed officers responded to a radio run of a man stripping a van.
Summary of this case from People v. MaderaOpinion
April 16, 1991
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
Uniformed officers, responding to a radio run at 1:50 A.M. reporting a man stripping a van, found the defendant, who matched the radioed description, on an otherwise deserted street near a van. Defendant fled when the officers attempted to question him, and during the course of the chase, turned toward the officers and discarded the gun. Defendant pleaded guilty after his motion to suppress the gun was denied.
The officers' initial approach to question defendant was proper. Their pursuit was warranted, given the accuracy of the radioed description, the officers' on-the-scene observations, and the defendant's immediate flight. (People v. Benjamin, 51 N.Y.2d 267; People v. Leung, 68 N.Y.2d 734.) As the gun was recovered as a result of proper police procedure, the motion to suppress was properly denied.
Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Kassal, JJ.