PEOPLE v. JAMES


261 A.D.2d 202 (1999)

690 N.Y.S.2d 205

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN JAMES, Also Known as WILLIAM SHAWN JAMES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 13, 1999.


Defendant's suppression motion was properly denied. Upon observing defendant and two other men running from an area where gunfire had just been heard, an officer approached the men with her revolver drawn and at her side, and asked what was going on. She observed that the three were sweating and out of breath. One of the men said that people were shooting at them. When the men began to walk away, without seeking protection from the police or offering any cooperation, this...

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