PEOPLE v. NESMITH (2001)

 County Court properly denied the motion of defendant to suppress physical evidence seized as the result of his pursuit and seizure by the police.   The police officer who initiated the pursuit received a radio dispatch of a burglary in progress, observed defendant carrying a VCR in a pillowcase and a bag containing compact discs, and noticed that defendant matched the description of the suspect in a burglary in the vicinity three days earlier.   That information provided the officer with at least a founded suspicion that criminal activity was afoot and gave rise to a common law right of inquiry (see, People v. Pines, 281 A.D.2d 311, 312, 722 N.Y.S.2d 239, lv. granted 96 N.Y.2d 923, 732 N.Y.S.2d 640, 758 N.E.2d 666;  People v. Turner, 275 A.D.2d 924, 713 N.Y.S.2d 439, lv. denied 95 N.Y.2d 939, 721 N.Y.S.2d 615, 744 N.E.2d 151;  see generally, People v. Hollman, 79 N.Y.2d 181, 184-185, 581 N.Y.S.2d 619, 590 N.E.2d 204).   The flight of defendant, combined with those other specific circumstances indicative of criminality on his part, gave rise to reasonable suspicion justifying the officer's pursuit of defendant (see, People v. Turner, supra;  People v. Muldrow, 222 A.D.2d 1076, 635 N.Y.S.2d 836, lv. denied 88 N.Y.2d 882, 645 N.Y.S.2d 457, 668 N.E.2d 428;  see generally, People v. Holmes, 81 N.Y.2d 1056, 1057-1058, 601 N.Y.S.2d 459, 619 N.E.2d 396).

Judgment unanimously affirmed.

MEMORANDUM: