Opinion
April 9, 1996
Appeal from the Supreme Court, New York County, Patricia Williams, J., Thomas Galligan, J.
The radio transmission of "shots fired", which accurately described defendant and his companion and their location, provided the police with, at least, a founded suspicion that criminal activity was afoot, permitting the police to exercise their common-law right of inquiry ( People v. Bora, 191 A.D.2d 384, affd 83 N.Y.2d 531; People v. Yates, 176 A.D.2d 442, lv denied 79 N.Y.2d 834). Defendant's failure to comply with the officers' two requests to stop walking, followed by his flight, provided the police with reasonable suspicion justifying pursuit ( People v. Matienzo, 81 N.Y.2d 778, 780, citing People v. Martinez, 80 N.Y.2d 444, 448; People v. Bora, supra). Since defendant then put his hand to his waist while running, threw a heavy object under one of the buses where he hid, and refused to comply with the police command to lie on the ground, the police were justified in subduing and handcuffing defendant before frisking him in order to protect their safety and the safety of bystanders ( People v Foster, 85 N.Y.2d 1012, 1014, citing People v. Allen, 73 N.Y.2d 378, 379-380; People v. Chestnut, 51 N.Y.2d 14).
In light of defendant's extensive criminal history, the sentence was not excessive.
Concur — Sullivan, J.P., Ellerin, Rubin and Mazzarelli, JJ.