PEOPLE v. HILL (2001)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered July 8, 1999, convicting him of criminal possession of a weapon in the third degree, assault in the second degree (two counts), and resisting arrest, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Police officers observed that a pocket of the defendant's down jacket was weighted down with a gun-shaped object.   The officers stopped to inquire of the defendant, who fled.   While chasing the defendant, the officers saw the defendant draw a gun from his pocket. Two of the officers were injured while attempting to arrest the defendant.

Since the initial stop was justified by the reasonable suspicion that the defendant possessed a gun (see, People v. Prochilo [Goings], 41 N.Y.2d 759, 762, 395 N.Y.S.2d 635, 363 N.E.2d 1380;  People v. Drone, 272 A.D.2d 53, 708 N.Y.S.2d 63;  People v. Wright, 253 A.D.2d 720, 678 N.Y.S.2d 17;  People v. Rogers, 121 A.D.2d 481, 504 N.Y.S.2d 10), the police were justified in pursuing the defendant when he fled and then displayed a weapon (see, People v. Matienzo, 81 N.Y.2d 778, 780, 593 N.Y.S.2d 785, 609 N.E.2d 138;  People v. Martinez, 80 N.Y.2d 444, 448, 591 N.Y.S.2d 823, 606 N.E.2d 951;  People v. Selby, 220 A.D.2d 544, 545, 632 N.Y.S.2d 589).   Thus, the officers were engaged in a lawful activity when they were injured by the defendant, and the convictions of assault in the second degree are supported by legally sufficient evidence (see, Penal Law § 120.05[3];  People v. Voliton, 83 N.Y.2d 192, 197, 608 N.Y.S.2d 945, 630 N.E.2d 641;  People v. Sawyer, 270 A.D.2d 293, 294, 704 N.Y.S.2d 604;  cf., People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932).

The defendant's remaining contention is unpreserved for appellate review (see, CL 470.05[2] ).