People v. Alberto

Summary

The Appellate Division, Second Department, reversed the defendant's judgment of conviction for criminal possession of a weapon in the second degree. The court held that the police lacked reasonable suspicion to pursue the defendant, granted suppression of the firearm, dismissed the indictment insofar as asserted against him, and remitted the matter for proceedings under CPL 160.50.

Holdings

1. The police lacked reasonable suspicion to pursue defendant because his flight, the civilians' pursuit, the unidentified accusation, and the officer's vague observation of a physical altercation did not constitute specific circumstances indicating criminal activity.
2. The firearm was subject to suppression because its discovery after defendant was brought to the ground was precipitated by the unlawful pursuit and was not attenuated from that illegality.
3. The weapons-possession count had to be dismissed because, without the firearm, the conviction was not supported by legally sufficient evidence beyond a reasonable doubt; because the jury acquitted defendant of the only other count, the indictment was dismissed insofar as asserted against him.

Questions Presented

1. Whether the police had reasonable suspicion that defendant had committed, was committing, or was about to commit a crime sufficient to justify pursuit.
2. Whether the firearm recovered after the pursuit was the product of an unlawful pursuit and therefore subject to suppression.
3. Whether defendant's conviction had to be dismissed after suppression of the firearm left legally insufficient evidence to support the weapons-possession count.

Disposition

reversed_and_remanded