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People v. Spicer

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1991
172 A.D.2d 300 (N.Y. App. Div. 1991)

Summary

In People v. Spicer (172 A.D.2d 300, lv denied 78 N.Y.2d 975), uniformed officers responded to a radio run of a man stripping a van.

Summary of this case from People v. Madera

Opinion

April 16, 1991

Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).


Uniformed officers, responding to a radio run at 1:50 A.M. reporting a man stripping a van, found the defendant, who matched the radioed description, on an otherwise deserted street near a van. Defendant fled when the officers attempted to question him, and during the course of the chase, turned toward the officers and discarded the gun. Defendant pleaded guilty after his motion to suppress the gun was denied.

The officers' initial approach to question defendant was proper. Their pursuit was warranted, given the accuracy of the radioed description, the officers' on-the-scene observations, and the defendant's immediate flight. (People v. Benjamin, 51 N.Y.2d 267; People v. Leung, 68 N.Y.2d 734.) As the gun was recovered as a result of proper police procedure, the motion to suppress was properly denied.

Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Kassal, JJ.


Summaries of

People v. Spicer

Appellate Division of the Supreme Court of New York, First Department
Apr 16, 1991
172 A.D.2d 300 (N.Y. App. Div. 1991)

In People v. Spicer (172 A.D.2d 300, lv denied 78 N.Y.2d 975), uniformed officers responded to a radio run of a man stripping a van.

Summary of this case from People v. Madera
Case details for

People v. Spicer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES SPICER…

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

Date published: Apr 16, 1991

Citations

172 A.D.2d 300 (N.Y. App. Div. 1991)
568 N.Y.S.2d 109

Citing Cases

People v. Madera

This Court is not immune from the inconsistent application of De Bour (supra), Howard (supra), and Leung…