Opinion
May 26, 1998
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
Defendants suppression motion was properly denied. After quickly responding to a radio transmission that gunshots had been fired and observing defendant suddenly dart out of a crowd in an apparent effort to evade the police, the officers properly asked him to step over to their car ( see, People v. Bellamy, 228 A.D.2d 230, lv denied 88 N.Y.2d 990). Upon defendants flight, the police acquired reasonable suspicion justifying pursuit ( People v. Salva, 228 A.D.2d 344, lv denied 89 N.Y.2d 867; People v. Blackwell, 206 A.D.2d 300, appeal dismissed 85 N.Y.2d 851), and thus, defendants abandonment of a handgun was not the product of any unlawful police action.
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.