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Matter of Jaime

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1994
208 A.D.2d 382 (N.Y. App. Div. 1994)

Summary

In Matter of Jaime G. (208 A.D.2d 382), the police car made a U-turn to approach the appellant in a "`non-threatening'" manner, without turning on the sirens or the flashing lights.

Summary of this case from People v. Thornton

Opinion

October 6, 1994

Appeal from the Family Court, Bronx County (Harold J. Lynch, J.).


Family Court properly denied suppression of the handgun that appellant discarded upon observing the officers approach him in their patrol car. The approach was justified to protect appellant's life or health (Family Ct Act § 1024), appellant having twice ignored the officers' warnings to leave a dangerous neighborhood late at night (see, Matter of Jose R., 201 A.D.2d 260). Since the approach was lawful, the recovery of property discarded by appellant as a result of the approach was also lawful (People v. Braithwaite, 172 A.D.2d 548, 549, lv denied 78 N.Y.2d 920, citing People v. Leung, 68 N.Y.2d 734). The result would be the same even if the officers had been acting not in their public service role under Family Court Act § 1024 but as enforcers of the criminal law (see, People v. De Bour, 40 N.Y.2d 210, 218), since, upon observing appellant a third time, they had an "articulable reason" to approach and inquire of him his reason for being in the area (People v. Hollman, 79 N.Y.2d 181, 191). Contrary to appellant's characterization of the police action as an "aggressive" U-turn and a "pursuit", the record shows that the approach was made in a "non-threatening" manner (supra, at 191), i.e., without sirens or flashing lights. And even if the approach were deemed unduly intense, and thus unlawful, appellant's response of running around the corner, placing the gun behind a refrigerator and then walking away showed that his discarding of the gun was not "a spontaneous reaction to a sudden and unexpected confrontation with the police" but "an independent act involving a calculated risk" "to rid himself of the weapon" (People v. Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969; see, People v. Marrero, 173 A.D.2d 244, 245, lv dismissed 78 N.Y.2d 969).

Concur — Sullivan, J.P., Carro, Rosenberger, Wallach and Rubin, JJ.


Summaries of

Matter of Jaime

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 1994
208 A.D.2d 382 (N.Y. App. Div. 1994)

In Matter of Jaime G. (208 A.D.2d 382), the police car made a U-turn to approach the appellant in a "`non-threatening'" manner, without turning on the sirens or the flashing lights.

Summary of this case from People v. Thornton
Case details for

Matter of Jaime

Case Details

Full title:In the Matter of JAIME G., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 6, 1994

Citations

208 A.D.2d 382 (N.Y. App. Div. 1994)
617 N.Y.S.2d 13

Citing Cases

People v. Thornton

The defendant discarded the gun once the car had passed him. In Matter of Jaime G. ( 208 A.D.2d 382), the…

People v. Quentin F.

Prior to that time, the officers made a U-turn against traffic, without accelerating or without activating…