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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH YOUMANS, Appellant.

Defendant's suppression motion was properly denied. The officers' observation of a man pursuing defendant and two other men provided reasonable suspicion for the initial stop and detention ( see, People v. Arthur, 209 A.D.2d 175, lv denied 84 N.Y.2d 1028, 1029, comparing People v. Liner, 133 A.D.2d 555, appeal dismissed 70 N.Y.2d 945, and People v. Polanco, 174 A.D.2d 468, lv denied 78 N.Y.2d 972). Thereafter, defendant's struggling with the officers justified their use of handcuffs, and the non-English speaking victim's gestures provided probable cause to arrest ( supra; see, People v. DeJesus, 169 A.D.2d 521, 522, lv denied 77 N.Y.2d 994). We have considered defendant's remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Rubin, Kupferman, Williams and Mazzarelli, JJ.

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PEOPLE v. YOUMANS
(Jun 20, 1996)