Opinion
2014-08794 Ind. No. 124/13.
03-16-2016
The PEOPLE, etc., respondent, v. Tafari LEWIS, appellant.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Arza Feldman, Uniondale, N.Y. (Steven A. Feldman of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered September 16, 2014, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, 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.
ORDERED that the judgment is affirmed.
The County Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence. Contrary to the defendant's contention, the police were entitled to pursue and arrest him after he committed the violation of trespass in their presence (see CPL 140.101 [a]; People v. Caba, 78 A.D.3d 857, 858, 910 N.Y.S.2d 373; People v. Delgado, 4 A.D.3d 310, 771 N.Y.S.2d 666). Since the pursuit was justified, the defendant's abandonment of his weapon during the pursuit was not precipitated by any illegal police conduct (see People v. Martinez, 80 N.Y.2d 444, 448–449, 591 N.Y.S.2d 823, 606 N.E.2d 951; People v. Caba, 78 A.D.3d at 858, 910 N.Y.S.2d 373; People v. Woods, 281 A.D.2d 570, 722 N.Y.S.2d 55, affd 98 N.Y.2d 627, 745 N.Y.S.2d 749, 772 N.E.2d 1107).
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.