People v. Madera

Ross, J. (dissenting).

I cannot agree with the majority’s decision to affirm the suppression of the weapon discarded by the defendant during his flight from the arresting officers. Such affirmance in this case would perpetuate the confusing analysis of police-civilian encounters, in which the individual flees upon a justified approach by police officers, which the courts have been constrained to engage in since People v Howard (50 NY2d 583, cert denied 449 US 1023; see, People v Holmes, 181 AD2d 27; People v Mitchell, 185 AD2d 163; People v Rodriguez, 178 AD2d 381). The notion that police…