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1
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OPINION
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EXTRACTED KEY WORDS
NY2D OFFICERS POLICE REPORTS COURT APPELLANT RESPONDENT REASONABLE SUSPICION MARIJUANA JACKET VICTIM AFRICAN-AMERICAN MEMORANDUM MARTINEZ CRIMINAL ACTIVITY INDICATING FLIGHT CONVICTION CRIMINAL POSSESSION PURSUIT PERPETRATORS ASSISTANCE ROBBERY RECEIVING APPELLATE DIVISION JUDGE SUPPORT DETERMINATION CANTOR |
2 No. 48
The People &c.,
Respondent,
v.
Lee Woods,
Appellant.
_________________________________________________________________
2002 NY Int. 42
April 25, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Melissa S. Horlick, for appellant.
Michael D. Tarbutton, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed.
On July 2, 1997 two police officers received radio reports about a
gunpoint robbery involving three African-American men, two of whom had
bicycles. According to one report, the victim, an African-American man
dressed in all white clothing, was waiting for assistance on the
corner of Mott and Central Avenues in Queens County. Less than a
minute after receiving the report, the officers arrived at that
location and observed defendant -- an African-American male dressed in
white carrying a white jacket. One of the officers got out of the car,
approached defendant and inquired about his well-being. The officer
also asked defendant to identify the direction the perpetrators fled,
and to assist in canvassing the area.
In a marked departure from the typical response of a crime victim to
an offer of police assistance, defendant fled. The officers, now
believing defendant might have been a perpetrator, gave chase. During
the pursuit defendant threw his jacket to the ground. Police caught
and handcuffed defendant. The jacket he abandoned contained a loaded
.32 caliber revolver and 20 bags of marijuana. Defendant was charged
with criminal possession of a weapon in the third degree and criminal
possession of marijuana in the fifth degree.
The court denied defendant's motion to suppress the gun and marijuana
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