PEOPLE v. ESPADA

Ind. No. 2414/16. Appeal No. 14616. Case No. 2018-02941.

199 A.D.3d 499 (2021)

154 N.Y.S.3d 416

2021 NY Slip Op 06332

The People of the State of New York, Respondent, v. Joseph Espada, Appellant.

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

Decided November 16, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( John L. Palmer of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Kerry Fulham of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Mazzarelli, Moulton, Scarpulla, JJ.


The court properly denied defendant's suppression motion. A police officer saw defendant engaged in an animated dispute with a person the officer knew to be a store employee, with defendant "flailing" his arms, just outside the store's first set of exit doors, and then saw defendant run out of the store with the employee chasing him. This gave the police reasonable suspicion that a crime had been committed, and justified their pursuit and detention of defendant (see People...

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