People v Jackson

2018 NY Slip Op 05491 [163 AD3d 995]

July 25, 2018

Appellate Division, Second Department

As corrected through Wednesday, August 29, 2018

[*1]

The People of the State of New York,Respondent, v Dominique J. Jackson, Appellant.

Paul Skip Laisure, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, Ellen C. Abbot, and Timothy R. McGrath of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Joel L.Blumenfeld, J.), rendered November 24, 2015, convicting him of criminal possession of aweapon in the second degree, upon his plea of guilty, and imposing sentence. The appeal bringsup for review the denial, after a hearing, of those branches of the defendant's omnibus motionwhich were to supress physical evidence and his statement to law enforcement officials.

Ordered that the judgment is affirmed.

We agree with the Supreme Court's determination to deny suppression of a gun recoveredfrom the defendant's person. The testimony at the suppression hearing demonstrated that a radiocall, along with observations made by the officer at the scene and statements the officer heardfrom individuals at the scene, established that the officer had a founded suspicion that criminalactivity was afoot, which, by virtue of the defendant's flight, ripened into reasonable suspicion topursue him and detain him (see People v Sierra, 83 NY2d 928 [1994]; People v Woods, 115 AD3d 997[2014]; People v Soscia, 96 AD3d1081 [2012]). During the lawful stop of the defendant, a gun was recovered inside a hat thatwas in the defendant's hand, giving the officers probable cause to arrest him (see People v DeBour, 40 NY2d 210, 223 [1976]; People v Wider, 172 AD2d 573, 574 [1991]).

Additionally, since the pursuit and subsequent arrest were lawful, the defendant's subsequentwritten statement to police cannot be deemed the fruit of the poisonous tree subject to theexclusionary rule (see People vFoster, 153 AD3d 853 [2017]). Balkin, J.P., Leventhal, Hinds-Radix and Christopher,JJ., concur.