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People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 365 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that the hearing court erred in determining that the police lawfully pursued and arrested him. The evidence adduced at the hearing and credited by the court established that, as two detectives approached a building while on an unrelated criminal investigation, one of the detectives observed the defendant run inside the building. The detective further observed that the defendant was proceeding up the stairs inside the building while holding a handgun. Under these circumstances, the detective clearly had a sufficient factual predicate for entering the building, pursuing the defendant, and placing him under arrest (see, People v McRay, 51 N.Y.2d 594; People v Dawkins, 201 A.D.2d 336; People v Sargeant, 174 A.D.2d 767). Moreover, it is well settled that the hearing court's factual findings and credibility determinations are entitled to great deference on appeal (see, People v Prochilo, 41 N.Y.2d 759; People v Overton, 188 A.D.2d 491), and we discern no basis in the record for disturbing the court's conclusion in this case.

The defendant's current challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05; People v Gray, 86 N.Y.2d 10; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Altman, Hart and Friedmann, JJ., concur.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 365 (N.Y. App. Div. 1995)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW HARRIS…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 365 (N.Y. App. Div. 1995)
633 N.Y.S.2d 378

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