PEOPLE v. CUMBERBACTHS

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Fermin CUMBERBACTHS, Defendant-Appellant.

Decided: May 21, 1998

Before ROSENBERGER, J.P., and WALLACH, TOM and SAXE, JJ. Sheryl Feldman, for respondent. Jay L. Weiner, for defendant-appellant.

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 24, 1995, convicting defendant, after a jury trial, of resisting arrest, and sentencing him to time served, and judgment, same court (Herbert Altman, J.), rendered December 21, 1995, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 4 years to life, unanimously affirmed.

 Defendant's suppression motion was properly denied.   The radio transmission of an assault in progress and the indications from a woman in that building directing them to the screams of another woman, which the officers themselves heard just prior to defendant's appearance in the building's doorway, together with defendant's actions of immediately stopping upon seeing the officers, widening his eyes, dropping his mouth and then running back inside the building, provided reasonable suspicion to pursue defendant (see, People v. Martinez, 80 N.Y.2d 444, 448, 591 N.Y.S.2d 823, 606 N.E.2d 951;  People v. Blackwell, 206 A.D.2d 300, 614 N.Y.S.2d 527, appeal dismissed 85 N.Y.2d 851, 624 N.Y.S.2d 367, 648 N.E.2d 787).   Defendant's abandonment of a clear plastic bag of cocaine was thus not precipitated by any unlawful police conduct.

 Defendant's challenge to his resisting arrest conviction is without merit.

MEMORANDUM DECISION.