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DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT.

The Fourth Department determined defendant’s refusal to turn around upon request and his hands positioned at his waistband justified a police officer’s drawing his weapon and a pursuit of the defendant when her ran. Suppression of the weapon discarded by the defendant was properly denied:

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… [W]e conclude that defendant’s positioning and his refusal to comply with the officer’s request to return to the vehicle, while not alone indicative of criminal behavior, could be “considered in conjunction with other attendant circumstances” to establish the requisite reasonable suspicion of criminal activity … . In our view, once defendant refused the officer’s request to return to the vehicle and turned toward the officers, the officers could “reasonably suspect[] that defendant was armed and posed a threat to their safety because his actions were directed to the area of his waistband, which was concealed from their view”,,, . The officer who drew his weapon was justified in doing so out of a concern for his own safety … . We thus conclude that defendant’s flight, “in conjunction with the attendant circumstances, gave rise to the requisite reasonable suspicion justifying police pursuit” … . People v Walker, 2017 NY Slip Op 03317, 4th Dept 4-28-17

CRIMINAL LAW (DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT)/STREET STOPS (CRIMINAL LAW, DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT)/SUPPRESS, MOTION TO  (DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT)

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DEFENDANT WALKED BY POLICE OFFICER HOLDING HIS WAISTBAND, OFFICER WAS JUSTIFIED... JUDGE DID NOT GIVE A COMPLETE JURY INSTRUCTION ON THE ELEMENTS OF BURGLARY,...