People v. Rainey

• Citation: 972 N.Y.S.2d 782,110 A.D.3d 1464,2013 N.Y. Slip Op. 06469
• Parties: The PEOPLE of the State of New York, Respondent, v. Terrance C. RAINEY, Defendant–Appellant.
• Decision Date: 04 October 2013
• Court: New York Supreme Court — Appellate Division

110 A.D.3d 1464
972 N.Y.S.2d 782
2013 N.Y. Slip Op. 06469

The PEOPLE of the State of New York, Respondent,
v.
Terrance C. RAINEY, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

Oct. 4, 2013.

[972 N.Y.S.2d 783]

Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes Of Counsel), For Defendant–Appellant.

Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), For Respondent.

PRESENT: SMITH, J.P., PERADOTTO, CARNI AND LINDLEY, JJ.

Defendant contends that County Court erred in refusing to suppress evidence of his possession of drugs and his statement to the police inasmuch as the evidence and the statement were obtained as the result of an illegal pursuit by the police. At the suppression hearing, the People presented evidence that three police officers were on patrol near a multi-unit apartment building in Rochester at approximately 1:00 a.m. when they were approached by an unidentified male who told them that narcotics sales were occurring on the fourth floor. The officers entered the building and began climbing the stairs. When the officers reached the third floor, they saw a male, later identified as defendant, running down the fire escape. Defendant reentered the building on the second floor before exiting the building through the front door. The officers followed defendant as he jogged away from the building. After defendant jumped over a wall into a parking lot next to the building, he dropped a baggie containing drugs on the ground.

“[I]t is well settled that ‘the police may pursue a fleeing defendant if they have a reasonable suspicion that defendant has committed or is about to commit a crime’ ” ( People v. Cady, 103 A.D.3d 1155, 1156, 959 N.Y.S.2d 321;see People v. Martinez, 80 N.Y.2d 444, 446, 591 N.Y.S.2d 823, 606 N.E.2d 951;People v. Riddick, 70 A.D.3d 1421, 1422, 894 N.Y.S.2d 260,lv. denied14 N.Y.3d 844, 901 N.Y.S.2d 150, 927 N.E.2d 571). While flight alone is insufficient to justify pursuit, “defendant's flight in response to an approach by the police, combined with other specific circumstances indicating that the suspect may be engaged in criminal activity, may give rise to reasonable suspicion, the necessary predicate for police pursuit” ( People v. Sierra, 83 N.Y.2d 928, 929, 615 N.Y.S.2d 310, 638 N.E.2d 955 [emphasis added]; see Cady, 103 A.D.3d at 1156, 959 N.Y.S.2d 321). “Although ‘a defendant who challenges the legality of a search and seizure has the burden of proving...