| People v Cadle |
| 2010 NY Slip Op 01810 [71 AD3d 689] |
| March 2, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Appellant, v ArdenCadle, Respondent. |
—[*1] The Law Office of Audrey A. Thomas, P.C., Rosedale, N.Y., for respondent.
Appeal by the People from an order of the Supreme Court, Kings County (J. Goldberg, J.),dated March 30, 2009, which, after a hearing, granted that branch of the defendant's omnibusmotion which was to suppress physical evidence.
Ordered that the order is affirmed.
The defendant was observed by a police officer while walking down a street at night andholding his waistband, in what the police described as a high-crime area. According to thatpolice officer, the defendant appeared to be "overly alerted" to his surroundings or "afraid ofsomething." The officer and two other officers, all in plainclothes, were driving in an unmarkedcar. The officer testified that the defendant saw the car and then ran away from it. The officerspursued him, and he discarded a gun during the pursuit.
Under the circumstances of this case, the officers' pursuit of the defendant was unlawful, andthe defendant's discarding of the weapon during the pursuit was precipitated by the illegality andwas not attenuated from it (see People vLopez, 67 AD3d 708 [2009]; cf. People v Boodle, 47 NY2d 398 [1979], certdenied 444 US 969 [1979]). Accordingly, the Supreme Court properly granted that branch ofthe defendant's omnibus motion which was to suppress the weapon. Mastro, J.P., Angiolillo,Balkin and Sgroi, JJ., concur. [Prior Case History: 23 Misc 3d 1101(A), 2009 NY Slip Op50530(U).]