People v. Riddick

Centra, J.P., and Fahey, J. (dissenting).

We respectfully dissent and would affirm the judgment. Initially, we conclude that defendant failed to preserve for our review his contention that the police did not have a legal basis to pursue him because he did not flee from individuals whom he knew to be police officers (see CPL 470.05 [2]). Defendant moved, inter alia, to suppress the handgun and his statements to the police “on the ground that such . . . evidence and statements are the unattenuated result of an unlawful arrest or seizure of the defendant’s person.” In his affirmation in support…