People v Wingfield

People v Wingfield 2011 NY Slip Op 07280 Decided on October 18, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 18, 2011
Mazzarelli, J.P., Moskowitz, Acosta, Renwick, DeGrasse, JJ.
5739 4039/06

[*1]The People of the State of New York, Respondent,

v

Bryan Wingfield, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Denise
Fabiano of counsel), and Mayer Brown LLP, New York (Christopher
J. Houpt of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (John B. F.
Martin of counsel), for respondent.

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 of criminal possession of a weapon in the second and third degrees, and sentencing him, as a second violent felony offender, to an aggregate term of 7 years, unanimously affirmed.

The court properly denied defendant's suppression motion. When the police heard shots and immediately saw defendant running from the location where the gunfire originated, the police acted reasonably under the totality of circumstances when they pursued defendant. Defendant's pattern of behavior provided reasonable suspicion that the reason for his flight was his involvement in the shooting (see People v 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 unlawful seizure.

The court's adverse inference charge concerning the prosecution's loss or destruction of certain recordings of an officer's radio transmission correctly stated the law, and it was sufficient to prevent any prejudice (see People v Martinez, 71 NY2d 937, 940 [1988]). The court was not obligated to include additional language requested by defendant (see People v Alvarez, 54 AD3d 612, 613 [2008], lv denied 11 NY3d 853 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 18, 2011

CLERK