Opinion
June 7, 1993
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
The hearing court improperly granted suppression of a gun which the defendant discarded as he was being chased by police officers during a pursuit on foot. A tip from an unidentified person who had a conversation with the officers and observations at the scene gave the officers an articulable basis for inquiring of the defendant as to his activities (see, People v. Salaman, 71 N.Y.2d 869; People v. De Bour, 40 N.Y.2d 210; People v. Jackson, 158 A.D.2d 545; People v. Perry, 133 A.D.2d 380, affd 71 N.Y.2d 871). That the police officers approached the defendant with their guns drawn did not transform an otherwise lawful stop into an arrest, since the police had a reasonable basis for suspecting that the defendant was armed (see, People v. Jackson, supra; Matter of Oniel W., 146 A.D.2d 633, 634). Accordingly, the police were justified in exercising caution in order to ensure their personal safety (see, People v. Chestnut, 51 N.Y.2d 14, 21, cert denied 449 U.S. 1018; People v. Jackson, supra; People v. Perry, supra). The defendant's attempt to flee upon the officers' approach gave rise to the requisite reasonable suspicion that the defendant committed or was about to commit a crime and justified the officers' pursuit (see, People v. Leung, 68 N.Y.2d 734; People v Jackson, supra; People v. Miller, 146 A.D.2d 809). Therefore, the subsequent recovery of the gun, which was discarded and abandoned by the defendant during his flight, was also proper (see, People v. Boodle, 47 N.Y.2d 398, 404, cert denied 444 U.S. 969; People v Jackson, supra). Balletta, J.P., Rosenblatt, Miller and Joy, JJ., concur.