People v. Acosta

Judgment unanimously reversed on the law and new trial granted on count two of indictment. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]) arising from his possession of a knife. We reject the contention of defendant that his motion to suppress the knife should have been granted because it was seized following an unlawful pursuit by police. Even assuming, arguendo, that the pursuit was unlawful, we conclude that any taint resulting therefrom was dissipated. “[T]he defendant’s weapon…