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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. JAMEL BRADFORD, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16[1] ). Defendant contends that the police unlawfully arrested and searched him based on his commission of minor infractions, i.e., failing to wear a seatbelt and failing to use the sidewalk, and that there were reasonable alternatives to arresting him. We reject that contention. The police noticed that the vehicle in which defendant was a passenger had failed to signal a turn appropriately. The police attempted to stop the vehicle by activating the lights and sirens of their patrol vehicle, but the driver of the vehicle failed to pull over, and one of the officers noticed that defendant was not wearing a seatbelt. When the vehicle finally stopped, defendant immediately fled from it and ran down the middle of the street. Defendant was subsequently apprehended by a second set of police officers. Under those circumstances, we conclude that, contrary to defendant's contention, the issuance of a summons would not have been a reasonable “alternative to custodial arrest” (People v. Henry, 181 Misc.2d 689, 694; see generally Vehicle and Traffic Law § 2073). Here, defendant's conduct demonstrated that he was “intent on not cooperating with the police,” that he would “not even temporarily submit to the[ ] authority [of the police] for the purpose of the issuance of a summons,” and that “he wanted to escape from the police and avoid prosecution altogether” (People v. Bradford, 28 Misc.3d 1220[A], 2010 N.Y. Slip Op 51415[U], *8). We therefore conclude that the police acted reasonably in arresting defendant (see id.).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 10–01982
Decided: February 07, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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