People v. Collins
| Decision Date | 09 July 2020 |
| Docket Number | Ind. 1363/15,11781 |
| Citation | 185 A.D.3d 447,126 N.Y.S.3d 697 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Daquan COLLINS, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
185 A.D.3d 447
126 N.Y.S.3d 697
The PEOPLE of the State of New York, Respondent,
v.
Daquan COLLINS, Defendant–Appellant.
11781
Ind. 1363/15
Supreme Court, Appellate Division, First Department, New York.
ENTERED: JULY 9, 2020
Janet E. Sabel, The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Philip V. Tisne of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Kapnick, Singh, Gonza´lez, JJ.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered June 21, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and criminal possession of a firearm, and sentencing him to 5 years' probation, unanimously reversed, on the law, defendant's suppression motion granted, and the indictment dismissed.
"Police pursuit is regarded as significantly impeding a person's freedom of movement, thus requiring justification by reasonable suspicion that a crime has been, is being, or is about to be committed" ( People v. Thornton, 238 A.D.2d 33, 36, 667 N.Y.S.2d 705 [1st Dept. 1998] ). By contrast, "mere surveillance need not be justified by reasonable suspicion" ( id. ).
Although the police actions began as permissible observation, while following
defendant slowly in their car without turning on their lights or sirens (see People v. Quentin F., 177 A.D.3d 439, 113 N.Y.S.3d 40 [1st Dept. 2019] ; Thornton, 238 A.D.2d at 36, 667 N.Y.S.2d 705 ; Matter of Jaime G., 208 A.D.2d 382, 617 N.Y.S.2d 13 [1st Dept. 1994] ), observation gave way to pursuit when the officers turned on their lights and sirens to cross the street against traffic and pull up ahead of
defendant. Even crediting one of the officer's testimony that his intent was to get a better view and alert...
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...to intrude upon defendant's freedom of movement (see Allen , 188 A.D.3d at 1597, 135 N.Y.S.3d 211 ; cf. People v. Collins , 185 A.D.3d 447, 447-448, 126 N.Y.S.3d 697 [2d Dept. 2020] ).We thus conclude that the handgun was properly seized by the police because defendant did not discard the h......