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THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JOSE ESQUILIN, Appellant.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

As there was evidence to support the lower courts' determination that the police possessed a reasonable suspicion of criminal activity justifying the pursuit of defendant ( see, People v Sierra, 83 N.Y.2d 928), the issue is beyond this Court's further review.

Defendant's remaining contention that the trial court violated CPL 310.30 by failing to properly respond to a jury question is without merit.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

Order affirmed, in a memorandum.

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PEOPLE v. ESQUILIN
(Feb 11, 1998)