PEOPLE v. BROWN

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

The PEOPLE of the State of New York, Respondent, v. Marvin BROWN, Defendant-Appellant.

Decided: November 16, 1999

WILLIAMS, J.P., MAZZARELLI, RUBIN, SAXE and BUCKLEY, JJ. Shari R. Michels, for Respondent. Gerald E. Bodell, for Defendant-Appellant.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered March 24, 1997, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 71/212 to 15 years, unanimously affirmed.

 Defendant's suppression motion was properly denied.   When the attention of the police was directed to defendant by a member of a crowd chasing him, the officers acquired reasonable suspicion of criminality justifying pursuit (see, People v. Lopez, 258 A.D.2d 388, 685 N.Y.S.2d 677).   When defendant refused to stop when so instructed by the police and dropped a wallet that he had been carrying in his hand, the police properly seized defendant, handcuffed him, and held him for further investigation (see, People v. Allen, 73 N.Y.2d 378, 540 N.Y.S.2d 971, 538 N.E.2d 323).   Such investigation revealed that the wallet contained a credit card in someone else's name, and led to defendant's prompt identification by a witness to the robbery.

 The verdict was based on legally sufficient evidence.   There was ample evidence of force, including defendant's act of pushing the victim and knocking him down.

We have considered and rejected defendant's remaining claims.

MEMORANDUM DECISION.