PEOPLE v. WEAVER (1998)

 County Court erred in granting defendant's motion to suppress.   A police officer observed defendant and a few other men standing for an extended period of time outside a beauty salon in a drug-prone area in the early evening (see, People v. Williams, 226 A.D.2d 750, 751, 641 N.Y.S.2d 856, lv. denied 88 N.Y.2d 943, 647 N.Y.S.2d 177, 670 N.E.2d 461;  People v. Thomas, 203 A.D.2d 96, 609 N.Y.S.2d 614, lv. denied 83 N.Y.2d 972, 616 N.Y.S.2d 25, 639 N.E.2d 765).   Without activating his lights or siren, the officer pulled his marked patrol car over in order to identify the men.   As the officer stepped from his vehicle, defendant fled, ignoring the officer's direction to stop.   The officer did not display a weapon.   We conclude that the officer was entitled to approach the group to request information (see, People v. Reyes, 83 N.Y.2d 945, 946, 615 N.Y.S.2d 316, 638 N.E.2d 961, cert. denied 513 U.S. 991, 115 S.Ct. 492, 130 L.Ed.2d 403;  People v. Diaz, 80 N.Y.2d 950, 952, 590 N.Y.S.2d 871, 605 N.E.2d 358;  People v. De Bour, 40 N.Y.2d 210, 223, 386 N.Y.S.2d 375, 352 N.E.2d 562) and that the conduct of the officer in directing defendant to stop running did not intensify the encounter beyond minimal intrusion (see, People v. Williams, supra, at 751, 641 N.Y.S.2d 856;  People v. Jones, 221 A.D.2d 998, 633 N.Y.S.2d 893, lv. denied 87 N.Y.2d 903, 641 N.Y.S.2d 233, 663 N.E.2d 1263;  see also, People v. Reyes, supra, at 946, 615 N.Y.S.2d 316, 638 N.E.2d 961).   The drugs that defendant allegedly dropped before the officer had the opportunity to ask him any questions were abandoned and should not have been suppressed (see, People v. Diaz, supra, at 952, 590 N.Y.S.2d 871, 605 N.E.2d 358;  People v. Jones, supra;  People v. Thomas, supra ).

Order unanimously reversed on the law, motion to suppress denied and matter remitted to Monroe County Court for further proceedings on the indictment.

MEMORANDUM: