Ordered that the judgment is affirmed.
We agree with the trial court that under the circumstances presented in this case, CPL 710.30 notice was not required to be served upon the defendant. While in pursuit of the defendant, Police Officer Michael Murphy observed him duck under a vehicle, heard metal hit the concrete, and then watched as he ran away. After recovering the metal object, which was a gun, Officer Murphy heard over his radio "We have him, We are outside...
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