| People v Wingfield |
| 2011 NY Slip Op 07280 [88 AD3d 537] |
| October 18, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v BryanWingfield, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (John B. F. Martin of counsel), forrespondent.
Judgment, Supreme Court, New York County (Charles J. Tejada, J., at suppression hearing;Bruce Allen, J., at jury trial and sentencing), rendered January 4, 2008, convicting defendant ofcriminal possession of a weapon in the second and third degrees, and sentencing him, as a secondviolent felony offender, to an aggregate term of seven years, unanimously affirmed.
The court properly denied defendant's suppression motion. When the police heard shots andimmediately saw defendant running from the location where the gunfire originated, the policeacted reasonably under the totality of circumstances when they pursued defendant. Defendant'spattern of behavior provided reasonable suspicion that the reason for his flight was hisinvolvement in the shooting (see Peoplev Johnson, 51 AD3d 508, 509 [2008], lv denied 11 NY3d 738 [2008]).Accordingly, the recovery of a pistol that defendant dropped was not the product of an unlawfulseizure.
The court's adverse inference charge concerning the prosecution's loss or destruction ofcertain recordings of an officer's radio transmission correctly stated the law, and it was sufficientto prevent any prejudice (see People v Martinez, 71 NY2d 937, 940 [1988]). The courtwas not obligated to include additional language requested by defendant (see People v Alvarez, 54 AD3d612, 613 [2008], lv denied 11 NY3d 853 [2008]). Concur—Mazzarelli, J.P.,Moskowitz, Acosta, Renwick and DeGrasse, JJ.