Opinion

People v. Brown

  • 266 A.D.2d 77
  • 698 N.Y.S.2d 625
  • 1999 N.Y. App. Div. LEXIS 11618
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Nov 16, 1999
Status
Published
Cited by
3 cases
Authority
More cited than 64.1%

The opinion

—Judgment, Supreme Court, New York County (George Daniels, J.), rendered March 24, 1997, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 7V2 to 15 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. When the attention of the police was directed to defendant by a member of a crowd chasing him, the officers acquired reasonable suspicion of criminality justifying pursuit (see, People v Lopez, 258 AD2d 388 ). When defendant refused to stop when so instructed by the police and dropped a wallet that he had been carrying in his hand, the police properly seized defendant, handcuffed him, and held him for further investigation (see, People v Allen, 73 NY2d 378 ). Such investigation revealed that the wallet contained a credit card in someone else’s name, and led to defendant’s prompt identification by a witness to the robbery.

The verdict was based on legally sufficient evidence. There was ample evidence of force, including defendant’s act of pushing the victim and knocking him down.

We have considered and rejected defendant’s remaining claims. Concur — Williams, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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