Opinion
2002-05126.
Decided March 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered April 29, 2002, convicting him of criminal possession of a controlled substance in the seventh degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diana Villanueva of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT and SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court credited the arresting officer's testimony that the police initially approached the defendant because of his resemblance to an individual portrayed in a police department "wanted" poster, and we find no basis to disturb that credibility determination ( see People v. Prochilo, 41 N.Y.2d 759, 761). The officer testified that a wanted poster is generated after an individual is identified as the perpetrator of a crime. Based on the defendant's resemblance to the individual in the wanted poster, the police had, at the very least, the right to approach him to request information ( see People v. Bethea, 239 A.D.2d 510; see also People v. Jacob, 202 A.D.2d 444).
The defendant's subsequent flight when the officers asked if they could speak to him provided reasonable suspicion to pursue and stop him ( see People v. Woods, 98 N.Y.2d 627; People v. Martinez, 80 N.Y.2d 444, 447-448; People v. Sergeant, 281 A.D.2d 438, 439), and his abandonment of a weapon during the chase provided the police with probable cause to arrest him ( see People v. Wigfall, 295 A.D.2d 222, 223; People v. Cummings, 291 A.D.2d 454, 455; People v. Lipsey, 247 A.D.2d 246). Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the drugs recovered upon a search of his pockets ( see People v. Cummings, supra; People v. Valentine, 220 A.D.2d 708, 709).
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.