IN RE: JOSHUA D. (2018)

Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about May 3, 2017, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of stolen property in the fourth degree, and placed him with the Administration for Children's Services' Close to Home program for a period of 12 months, unanimously affirmed, without costs.

Appellant's suppression motion was properly denied.  There is no basis for disturbing the motion court's credibility determinations, which were supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ).  Police officers responding to a report of a robbery encountered appellant and another person, who matched a joint description (see e. g. People v. Allen, 280 A.D.2d 270, 720 N.Y.S.2d 72 [1st Dept. 2001], lv denied 96 N.Y.2d 797, 726 N.Y.S.2d 374, 750 N.E.2d 76 [2001] ) of the two suspects, particularly with regard to the specific combination of colors of the hoodies involved in the description.  Given the very close temporal and spatial proximity of this encounter to the reported robbery, and the absence of other pedestrians in the area, the limited description was sufficiently specific to at least permit the officers to conduct a lawful common-law inquiry (see People v. Lacy, 104 A.D.3d 422, 423, 960 N.Y.S.2d 407 [1st Dept. 2013], lv denied 21 N.Y.3d 1005, 971 N.Y.S.2d 257, 993 N.E.2d 1280 [2013];  People v. Pitman, 102 A.D.3d 595, 596, 958 N.Y.S.2d 152 [1st Dept. 2013], lv denied 21 N.Y.3d 1018, 971 N.Y.S.2d 501, 994 N.E.2d 397 [2013] ).  These observations, along with appellant's immediate flight upon being approached by the police and the officers' observation of a large bulge under his hoodie, provided reasonable suspicion to justify the police pursuit, during which appellant discarded a purse he was carrying (see e.g. People v. Reyes, 144 A.D.3d 463, 464, 40 N.Y.S.3d 265 [1st Dept. 2016], lv denied 28 N.Y.3d 1150, 52 N.Y.S.3d 301, 74 N.E.3d 686 [2017]; People v. Bush, 129 A.D.3d 537, 11 N.Y.S.3d 589 [1st Dept. 2015] ).