PEOPLE v. NUNEZ

532, 1439/12.

137 A.D.3d 569 (2016)

26 N.Y.S.3d 694

2016 NY Slip Op 01904

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN NUNEZ, Appellant.

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

Decided March 17, 2016.


The court properly denied defendant's suppression motion.

Even if the police actions in seeking to stop defendant were initially unlawful, any illegality was attenuated by defendant's independent, calculated acts of picking up the pistol he had dropped in his flight, aiming it at one of the officers and firing two shots (see People v Townes, 41 N.Y.2d 97, 101-102 [1976]; People v Cameron, 209 A.D.2d...

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