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The PEOPLE of the State of New York, Respondent, v. Clarence ADAMS, Defendant-Appellant.
Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 15, 1993, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
The police observed a bleeding man pursuing defendant and another man, who continued to flee past the marked police car. This provided the police with reasonable suspicion for their pursuit of defendant (see, People v. Youmans, 228 A.D.2d 345, 644 N.Y.S.2d 506). Defendant fled into the subway, whereupon Transit Authority police found him trespassing in a nonpublic area accessible only by way of the subway tracks. Aside from the fact that the police in the subway were aware of the prior pursuit, the trespass independently created probable cause to arrest (see, People v. Glover, 209 A.D.2d 636, 619 N.Y.S.2d 124, lv. denied, 85 N.Y.2d 938, 627 N.Y.S.2d 1000, 651 N.E.2d 925). At the very least, the police were justified in forcibly detaining defendant for a prompt on-the-scene showup (see, e.g., People v. Ortiz, 232 A.D.2d 180, 181, 648 N.Y.S.2d 75, 76), which, we find, was not unduly suggestive. We have considered defendant's remaining arguments and find them to be without merit.
MEMORANDUM DECISION.
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Decided: January 14, 1997
Court: Supreme Court, Appellate Division, First Department, New York.
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