Opinion
September 1, 1994
Appeal from the Supreme Court, New York County, Renee White, J., Angela Mazzarelli, J.
It was a permissible intrusion for the officer to have called out for the defendant to stop, based upon reasonable suspicion provided by his flight from the bank with money in his hand, his continued glances over his shoulder, his entry into a vestibule to remove sunglasses and a hat, and his placing money in his knapsack (see, People v. Evans, 65 N.Y.2d 629). In addition, the defendant's flight after the officer's call for him to stop was properly viewed as an escalating factor, justifying continued pursuit, and the ensuing Terry stop (see, People v. Leung, 68 N.Y.2d 734). The officer's call to the defendant in these circumstances, was not an impermissible seizure (see, People v Bora, 83 N.Y.2d 531).
Finally, defendant's argument before the Hearing Judge that "the search and seizure of [his] person violated his reasonable expectation of privacy" was insufficient to preserve for this Court's review the issue of whether a bag moved out of the defendant's grabbable area, while conducting a proper Terry stop, could lawfully be searched approximately between 10 and 20 minutes later, at the scene, incident to a lawful arrest (People v. Smith, 59 N.Y.2d 454). In addition, the pursuing officer observed defendant briefly stop in a building vestibule and stuff the cash proceeds of the robbery into his knapsack. Under the circumstances the police had an obligation to safeguard this property without delay.
Concur — Murphy, P.J., Wallach, Kupferman and Williams, JJ.