PEOPLE v. LOPEZ

2008-06960.

67 A.D.3d 708 (2009)

886 N.Y.S.2d 894

2009 NY Slip Op 08038

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GARRY MICHAEL LOPEZ, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 4, 2009.


Ordered that the order is affirmed.

The defendant was standing on pegs on the rear of a bicycle ridden by another individual traveling the wrong way on a one-way street. One of three police officers riding together in a patrol car exited the vehicle, displayed his shield, and stated, "Police, don't move." The defendant fled, the officers pursued, and, after a chase, apprehended the defendant and recovered a gun that he had discarded as he ran. Under the circumstances...

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