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PEOPLE, res, v. DWIGHT PITMAN, def-ap

9092. PEOPLE, res, v. DWIGHT PITMAN, def-ap — Steven Banks, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for res — Judgment, Supreme Court, New York County (Laura Ward, J. at suppression hearing; Bruce Allen, J. at plea and sentencing), rendered June 2, 2011, as amended June 23, 2011, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously affirmed.

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9092. PEOPLE, res, v. DWIGHT PITMAN, def-ap — Steven Banks, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for res — Judgment, Supreme Court, New York County (Laura Ward, J. at suppression hearing; Bruce Allen, J. at plea and sentencing), rendered June 2, 2011, as amended June 23, 2011, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously affirmed.

The court properly denied defendant’s motion to suppress a pistol he discarded while fleeing from the police. Defendant’s flight, coupled with circumstances providing a founded suspicion of criminality, warranted police pursuit (see e.g. People v. Pines, 281 AD2d 311 [1st Dept 2001], affd 99 NY2d 525 [2002]).

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