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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DARLING FELIZ, Respondent.

In a crime-prone area at night, police officers saw defendant running and repeatedly adjusting what appeared to be a large hard object at his waistband, suggestive of a firearm. These observations justified, at least, a common-law inquiry ( see e.g. Matter of Jamaal C., 19 AD3d 144, 145), and the record does not support the hearing court's conclusion that only a request for information would have been permissible. Defendant's ensuing flight escalated the encounter and provided reasonable suspicion of criminality justifying pursuit ( see People v Pines, 281 AD2d 311, affd 99 NY2d 525). Therefore, the weapon that defendant discarded in the course of his flight, and his postarrest statements, were lawfully obtained.

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PEOPLE v. FELIZ
(Nov 20, 2007)