| People v Feliz |
| 2007 NY Slip Op 09103 [45 AD3d 437] |
| November 20, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Appellant, v DarlingFeliz, Respondent. |
—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Laura Burde of counsel),for respondent.
Order, Supreme Court, New York County (Edward J. McLaughlin, J.), entered on or aboutJune 26, 2006, which granted defendant's motion to suppress physical evidence and statements,unanimously reversed, on the law, the motion denied, and the matter remanded for furtherproceedings.
In a crime-prone area at night, police officers saw defendant running and repeatedly adjustingwhat appeared to be a large hard object at his waistband, suggestive of a firearm. Theseobservations justified, at least, a common-law inquiry (see e.g. Matter of Jamaal C., 19 AD3d 144, 145 [2005]), and therecord does not support the hearing court's conclusion that only a request for information wouldhave been permissible. Defendant's ensuing flight escalated the encounter and providedreasonable suspicion of criminality justifying pursuit (see People v Pines, 281 AD2d 311[2001], affd 99 NY2d 525 [2002]). Therefore, the weapon that defendant discarded in thecourse of his flight, and his postarrest statements, were lawfully obtained. Concur—Tom,J.P., Mazzarelli, Saxe, Nardelli and Kavanagh, JJ.