PEOPLE v. MOBLEY (2024)

Judgment, Supreme Court, Bronx County (Beth Beller, J., at suppression hearing;  Dineen Riviezzo, J., at plea and sentencing), rendered December 14, 2022, convicting defendant of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his suppression claim.  Regardless of the validity of the waiver, the court properly denied defendant's suppression motion.  The police pursuit and stop of defendant did not occur until after defendant was seen discarding the gun.  The officers’ prior conduct of following defendant for observation, where their lights and sirens were not activated and defendant's freedom of movement was not impeded, did not rise to the level of a pursuit (see People v. Quentin F., 177 A.D.3d 439, 440, 113 N.Y.S.3d 40 [1st Dept. 2019];  People v. Thornton, 238 A.D.2d 33, 36, 667 N.Y.S.2d 705 [1st Dept. 1998]).