People v. Martinez, 606 N.E.2d 951 (N.Y. 1992). · Go Syfert
People v. Martinez, 606 N.E.2d 951 (N.Y. 1992). Cases Citing This Book View Copy Cite
508 citation events (290 in the last 25 years) across 15 distinct courts.
Strongest positive: Matter of Eliezer G. (nyappdiv, 2026-04-07)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Eliezer G.
N.Y. App. Div. · 2026 · confidence medium
There is no basis to disturb the court's credibility determinations (<i>see</i> <i>People v Prochilo</i>, 41 NY2d 759 , 761 [1977]; <i>People v Williams</i>, 287 AD2d 396 , 396 [1st Dept 2001], <i>lv denied</i> 97 NY2d 734 [2002]).</p> <p>The evidence presented at the suppression hearing supported the court's finding that the police had reasonable suspicion to pursue and stop appellant (<i>see</i> <i>People v Martinez</i>, 80 NY2d 444, 446 [1992]).
examined Cited as authority (rule) People v. Jones (4×)
NY · 2026 · confidence medium
Accordingly, even if the officers did not have probable cause to arrest the defendant when they first approached him or reasonable suspicion to detain him (and they did neither of these things at that point), they had the requisite reasonable suspicion to justify pursuit when defendant fled ( see People v Martinez , 80 NY2d 444, 447 [1992] [pursuing someone "for the purpose of detaining them . . . results in a lesser interference with freedom than does an arrest (and) we have held that the police may . . . pursue an individual if they have information which, although not yielding the probable …
discussed Cited as authority (rule) People v. Stewart
N.Y. App. Div. · 2025 · confidence medium
Based on those observations, the officers had reasonable suspicion justifying their pursuit of defendant and allowing them to stop him for further investigation ( see People v Moore , 6 NY3d 496, 499-501 [2006]; People v Holmes , 81 NY2d 1056, 1058 [1993]; People v Martinez , 80 NY2d 444, 446 [1992]).
examined Cited as authority (rule) People v. Cleveland (8×) also: Cited "see"
NY · 2025 · confidence medium
Under the four-tiered framework set out in De Bour , pursuit of a fleeing suspect constitutes a level three detention, for which the police must "have a reasonable suspicion that defendant has committed or is about to commit a crime" ( People v Martinez , 80 NY2d 444, 446 [1992]; see id. at 447 , citing People v Leung , 68 NY2d 734, 736 [1986]).
examined Cited as authority (rule) People v. Cleveland (3×) also: Cited "see"
NY · 2025 · confidence medium
Under the four-tiered framework set out in De Bour , pursuit of a fleeing suspect constitutes a level three detention, for which the police must "have a reasonable suspicion that defendant has committed or is about to commit a crime" ( People v Martinez , 80 NY2d 444, 446 [1992]; see id. at 447 , citing People v Leung , 68 NY2d 734, 736 [1986]).
discussed Cited as authority (rule) People v. Jones (2×)
N.Y. App. Div. · 2025 · confidence medium
While defendant is correct that under De Bour the police may not generally initiate a [*2]pursuit of an individual without "a reasonable suspicion that a crime has been, is being, or is about to be committed" ( People v Martinez , 80 NY2d 444, 447 [1992]; see People v Watkins , 221 AD3d 1430, 1431-1432 [4th Dept 2023], affd 42 NY3d 1074 [2024]; People v De Bour , 40 NY2d 210, 223 [1976]), the pursuit of defendant here was based upon the arresting officer's mistaken belief that defendant was someone else for whom a valid arrest warrant had been issued.
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2025 · confidence medium
Police pursuit of an individual "significantly impede[s]" the person's freedom of movement is equivalent to a level three encounter under DeBour , and must be justified by reasonable suspicion that a crime has been, is being, or is about to be committed ( People v Holmes , 81 NY2d 1056, 1057-1058 [1993], quoting People v Martinez , 80 NY2d 444, 447 [1992]) .
discussed Cited as authority (rule) People v. Meraluna
N.Y. App. Div. · 2025 · confidence medium
Reasonable suspicion has been defined as "that quantum of knowledge sufficient to induce an ordinarily prudent and cautious person under the circumstances to believe criminal activity is at hand" ( People v Martinez , 80 NY2d 444, 448 [alterations and internal quotation marks omitted]; see People v Messano , 41 NY3d at 232).
discussed Cited as authority (rule) People v. Zubidi (2×)
N.Y. App. Div. · 2024 · confidence medium
"Reasonable suspicion is 'that quantum of knowledge sufficient to induce an ordinarily prudent and cautious person under the circumstances to believe criminal activity is at hand'" ( People v Messano , 41 NY3d 228, 232 [2024], quoting People v Martinez , 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Torres
N.Y. App. Div. · 2024 · confidence medium
"Reasonable suspicion represents that quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances [*4]to believe criminal activity is at hand" ( People v Martinez , 80 NY2d 444, 448 [1992] [internal quotation marks omitted]).
discussed Cited as authority (rule) The People v. Joshua Messano
NY · 2024 · confidence medium
Reasonable suspicion is “that quantum of knowledge sufficient to induce an ordinarily prudent and cautious person under the circumstances to believe criminal activity is at hand” (People v Martinez, 80 NY2d 444, 448 [1992] [internal quotation marks and alterations omitted]).
discussed Cited as authority (rule) People v. Richardson
N.Y. App. Div. · 2023 · confidence medium
"Reasonable suspicion has been defined as 'that quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand'" ( People v Bowers , 148 AD3d at 1043 , quoting People v Martinez , 80 NY2d 444, 448 [internal quotation marks omitted]), and "[r]esolution of the issue of whether the police officers possessed reasonable suspicion requires evaluation of the totality of the circumstances" ( People v Loper , 115 AD3d 875, 879 ).
discussed Cited as authority (rule) People v. Cleveland
N.Y. App. Div. · 2023 · confidence medium
It is well settled that "the police may forcibly stop or pursue an individual if they have information which, although not yielding the probable cause necessary to justify an arrest, provides them with a reasonable suspicion that a crime has been, is being, or is about to be committed" ( People v Martinez , 80 NY2d 444, 447 [1992]). "[A] defendant's flight in response to an approach by the police, combined with other specific circumstances indicating that the suspect may be engaged in criminal activity, may give rise to reasonable suspicion" ( People v Sierra , 83 NY2d 928, 929 [1994]; see Peo…
discussed Cited as authority (rule) People v. Austin
N.Y. App. Div. · 2023 · confidence medium
The officer's testimony did not establish that he determined that the individuals matched the sex or race of the robbery suspects before he undertook pursuit, and the evidence was therefore insufficient to demonstrate that the officer had " 'a reasonable suspicion that defendant ha[d] committed or [was] about to commit a crime' " ( People v Riddick , 70 AD3d 1421, 1422 [4th Dept 2010], lv denied 14 NY3d 844 [2010], quoting People v Martinez , 80 NY2d 444, 446 [1992]; cf. People v McKinley , 101 AD3d 1747 , 1748-1749 [4th Dept 2012], lv denied 21 NY3d 1017 [2013]).
discussed Cited as authority (rule) People v. Dantzler
N.Y. App. Div. · 2022 · confidence medium
"Reasonable suspicion has been defined as 'that quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand'" ( People v Bowers , 148 AD3d at 1043 , quoting People v Martinez , 80 NY2d 444, 448 [internal quotation marks omitted]), and "[r]esolution of the issue of whether the police officers possessed reasonable suspicion requires evaluation of the totality of the circumstances" ( People v Loper , 115 AD3d 875, 879 ).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2022 · confidence medium
It is well settled that "a 'defendant's flight may be considered in conjunction with other attendant circumstances' in determining whether reasonable suspicion justifying a seizure exists" ( People v Pines , 99 NY2d 525, 527 [2002], quoting People v Martinez , 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Thorne
N.Y. App. Div. · 2022 · confidence medium
Given the absence of any grounds for disturbing the court's credibility determinations, the record fully supports the court's finding that the forcible stop was supported by reasonable suspicion that defendant had committed the attempted gunpoint robbery that was reported to have occurred nearby shortly before ( see People v Martinez , 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Jones
N.Y. App. Div. · 2022 · confidence medium
Reasonable suspicion has been defined as "that quantum of knowledge sufficient to induce an ordinarily prudent and cautious person under the circumstances to believe criminal activity is at hand" ( People v Martinez , 80 NY2d 444, 448 [alterations and internal quotation marks omitted]).
discussed Cited as authority (rule) Shaw v. City of Rochester (2×) also: Cited "see"
N.Y. App. Div. · 2021 · confidence medium
A forcible stop, which defendants have steadfastly argued is what occurred here, is a separate level of contact permitting a significantly greater degree of intrusion ( see People v Hollman , 79 NY2d 181, 184-185 [1992]; De Bour , 40 NY2d at 223 ) and is not authorized unless the officer has "reasonable suspicion that a crime has been, is being, or is about to be committed" by that person ( People v Martinez , 80 NY2d 444, 447 [1992]; see De Bour , 40 NY2d at 223 ).
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2021 · confidence medium
Because the pursuit was justified, defendant's abandonment of his weapon and other physical evidence during the pursuit "was not precipitated by any illegal police conduct," and the court properly refused to suppress the physical evidence ( People v Martinez , 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Rhames
N.Y. App. Div. · 2021 · confidence medium
Reasonable suspicion is "that quantum of knowledge sufficient to induce an ordinarily prudent and cautious person under the circumstances to believe criminal activity is at hand" ( People v Martinez , 80 NY2d 444, 448 [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Moore
N.Y. App. Div. · 2021 · confidence medium
Illustrative is police action which restricts an individual's freedom of movement by pursuing one who, for whatever reason, is fleeing to avoid police contact" ( People v Martinez , 80 NY2d 444, 447 [1992]; see People v Bora , 83 NY2d 531, 535-536 [1994]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2021 · confidence medium
Nevertheless, flight is a proper consideration in conjunction with other attendant circumstances, including the suspect's suspicious behavior, the time of the stop, and the location of the stop ( see People v Martinez , 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Allen
N.Y. App. Div. · 2020 · confidence medium
A detention or a pursuit of a person for the purpose of detention amounts to a level three encounter and must be supported by reasonable suspicion that a crime has been, is being, or is about to be committed ( see People v Moore , 6 NY3d 496, 498-499 [2006]; People v Martinez , 80 NY2d 444, 447 [1992]; People v Leung , 68 NY2d 734, 736 [1986]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2020 · confidence medium
It is well settled that "the police may pursue a fleeing defendant if they have a reasonable suspicion that defendant has committed or is about to commit a crime" ( People v Martinez , 80 NY2d 444, 446 [1992]; see People v Rainey , 110 AD3d 1464, 1465 [4th Dept 2013]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2020 · confidence medium
Probable cause to place defendant under arrest existed no later than around the time the chase concluded, when the officers were advised that the victim of the assault had identified defendant as her assailant and were further directed to bring him in for questioning ( see People v Matthews , 159 AD3d 1111 , 1113 [2018]; People v Green , 127 AD3d 1473, 1474 [2015], lvs denied 27 NY3d 965 , 969 [2016]). [FN2] The actions of police in the leadup to defendant's arrest were therefore proper and, as a result, defendant lacked standing to seek suppression of the handgun abandoned along the route of …
discussed Cited as authority (rule) People v. McCarthy (Michael)
N.Y. App. Term. · 2019 · confidence medium
In an order dated December 22, 2016, the District Court found that, in light of the description, the spatial and temporal proximity of the arresting officer's initial encounter with defendant to the accident scene, the reports of a person matching defendant's description being present at the accident scene, fleeing through backyards in the direction of the train station, and admitting to a taxi driver, at the train station, that he had been involved in an accident, the People had established that there was reasonable suspicion to detain defendant for further investigation ( see CPL 140.50 [1];…
examined Cited as authority (rule) People v. Bilal (4×)
N.Y. App. Div. · 2019 · confidence medium
"Police pursuit of an individual 'significantly impede[s]' the person's freedom of movement and thus must be justified by reasonable suspicion that a crime has been, is being, or is about to be committed" (Holmes , 81 NY2d at 1058 , quoting People v Martinez , 80 NY2d 444, 447 [1992]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2019 · confidence medium
"Reasonable suspicion has been defined as that quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand'" ( People v Bowers , 148 AD3d 1042, 1043 , quoting People v Martinez , 80 NY2d 444, 448 [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Bailey
N.Y. App. Div. · 2018 · confidence medium
"Reasonable suspicion has been defined as that quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand'" ( People v Bowers , 148 AD3d 1042, 1043 , quoting People v Martinez , 80 NY2d 444, 448 [internal quotation marks omitted]). "[W]here an anonymous phone tip giving a general description and location of a man with a gun' is the sole predicate, it will generate only a belief that criminal activity is afoot," and "will not of itself constitute reasonable suspicion thereby warranting a stop and frisk of…
cited Cited as authority (rule) People v. Solivan
N.Y. App. Div. · 2017 · confidence medium
The officer lacked any suspicion, let alone a reasonable one, “that a crime ha[d] been, [was] being, or [was] about to be committed” (People v Martinez, 80 NY2d 444, 447 [1992]).
examined Cited as authority (rule) People v. Hill (4×)
N.Y. App. Div. · 2017 · confidence medium
Consistent with this, the Court of Appeals has characterized a variety of police actions as seizures including, for example, police pursuit (People v Holmes, 81 NY2d 1056, 1057-1058 [1993], citing People v Martinez, 80 NY2d 444, 447 [1992]). 4 Similarly, it held that a defendant who voluntarily entered a police car after being asked for information about a homicide was seized when an officer began driving away slowly and told the defendant to “just keep [his] hands where [he] [could] see them,” thus restraining his freedom of movement (People v Boodle, 47 NY2d 398, 400-401 [1979], cert den…
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2017 · confidence medium
Here, we conclude that defendant’s positioning and his refusal to comply with the officer’s request to return to the vehicle, while not alone indicative of criminal behavior, could be “considered in conjunction with other attendant circumstances” to establish the requisite reasonable suspicion of criminal activity (People v Martinez, 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2017 · confidence medium
Here, we conclude that defendant’s positioning and his refusal to comply with the officer’s request to return to the vehicle, while not alone indicative of criminal behavior, could be “considered in conjunction with other attendant circumstances” to establish the requisite reasonable suspicion of criminal activity (People v Martinez, 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2017 · confidence medium
Here, we conclude that defendant’s positioning and his refusal to comply with the officer’s request to return to the vehicle, while not alone indicative of criminal behavior, could be “considered in conjunction with other attendant circumstances” to establish the requisite reasonable suspicion of criminal activity (People v Martinez, 80 NY2d 444, 448 [1992]).
discussed Cited as authority (rule) People v. Furrs (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2017 · confidence medium
“Police pursuit of an individual ‘significantly impede [s]’ the person’s freedom of movement and thus must be justified by reasonable suspicion that a crime has been, is being, or is about to be committed” (People v Holmes, 81 NY2d at 1057-1058 , quoting People v Martinez, 80 NY2d 444, 447 [1992]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2017 · confidence medium
Reasonable suspicion is defined as “that ‘quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand’ ” (People v Martinez, 80 NY2d 444, 448 [1992], quoting People v Cantor, 36 NY2d 106, 112-113 [1975]).
discussed Cited as authority (rule) People v. Bowers
N.Y. App. Div. · 2017 · confidence medium
Reasonable suspicion has been defined as “that quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand” (People v Martinez, 80 NY2d 444, 448 [1992] [internal quotation marks omitted]).
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2017 · confidence medium
We therefore will not disturb the court’s credibility determination, and we conclude that the court properly refused to suppress the gun, which defendant had abandoned (see People v Martinez, 80 NY2d 444, 448-449 [1992]).
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2017 · confidence medium
We therefore will not disturb the court’s credibility determination, and we conclude that the court properly refused to suppress the gun, which defendant had abandoned (see People v Martinez, 80 NY2d 444, 448-449 [1992]).
discussed Cited as authority (rule) People v. Durham
N.Y. App. Div. · 2017 · confidence medium
“Police pursuit of an individual ‘significantly impede [s]’ the person’s freedom of movement and thus must be justified by reasonable suspicion that a crime has been, is being, or is about to be committed” (People v Holmes, 81 NY2d 1056, 1057-1058 [1993], quoting People v Martinez, 80 NY2d 444, 447 [1992]).
discussed Cited as authority (rule) People v. Osteen
N.Y. App. Div. · 2016 · confidence medium
We further conclude that, when defendant fled from them with a weapon visible in his hand and disregarded their order to stop, the officers acquired probable cause, justifying their pursuit, stop, forcible detention, and arrest of defendant (see People v Martinez, 80 NY2d 444, 447-448 [1992]; People v Simmons, 133 AD3d 1275 , 1276-1277 [2015], lv denied 27 NY3d 1006 [2016]; see also People v Sierra, 83 NY2d 928, 929-930 [1994]).
discussed Cited as authority (rule) People v. Osteen
N.Y. App. Div. · 2016 · confidence medium
We further conclude that, when defendant fled from them with a weapon visible in his hand and disregarded their order to stop, the officers acquired probable cause, justifying their pursuit, stop, forcible detention, and arrest of defendant (see People v Martinez, 80 NY2d 444, 447-448 [1992]; People v Simmons, 133 AD3d 1275 , 1276-1277 [2015], lv denied 27 NY3d 1006 [2016]; see also People v Sierra, 83 NY2d 928, 929-930 [1994]).
discussed Cited as authority (rule) People v. Reyes
N.Y. App. Div. · 2016 · confidence medium
Defendant met a detailed radioed description of a man with a handgun, and his flight from a lawful common-law inquiry created reasonable suspicion of criminality justifying pursuit (People v Martinez, 80 NY2d 444, 448 [1992]; People v Leung, 68 NY2d 734, 736 [1986]).
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2016 · confidence medium
Moreover, despite being afforded the opportunity to supplement his motion papers, defendant also failed to address the People’s assertions that the officers’ subsequent pursuit and arrest of defendant was lawful given that defendant, upon being approached by the officers, dropped his bicycle and fled through some adjoining residential yards, thereby elevating the suspicion of the police; that, during the ensuing lawful pursuit by the police, defendant discarded the gun that he was carrying, thereby abandoning the gun for the purpose of Fourth Amendment analysis; and that the police, almost…
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2016 · confidence medium
Moreover, despite being afforded the opportunity to supplement his motion papers, defendant also failed to address the People’s assertions that the officers’ subsequent pursuit and arrest of defendant was lawful given that defendant, upon being approached by the officers, dropped his bicycle and fled through some adjoining residential yards, thereby elevating the suspicion of the police; that, during the ensuing lawful pursuit by the police, defendant discarded the gun that he was carrying, thereby abandoning the gun for the purpose of Fourth Amendment analysis; and that the police, almost…
discussed Cited as authority (rule) People v. Folio (Richard)
N.Y. App. Term. · 2016 · confidence medium
That officer informed defendant that he was being arrested for possession of stolen property, whereupon defendant stated, "I know the GPSs are stolen" and "I'm holding them for someone that I am meeting." </p> <p>Based on the evidence adduced at the hearing, we find, contrary to defendant's contention, <font color="FF0000">[*2]</font>that the Criminal Court properly determined that the first police officer had an "objective credible reason" (<i>People v De Bour</i>, 40 NY2d 210, 223 [1976]) to exercise his "fairly broad authority" (<i>People v Hollman</i>, 79 NY2d 181, 190 [1992]) to approach …
cited Cited as authority (rule) People v. Roberts
N.Y. App. Div. · 2016 · confidence medium
Defendant’s initial detention was not an arrest, but rather, a forcible stop justified by a reasonable suspicion of criminality (see People v Martinez, 80 NY2d 444, 447 [1992]).
discussed Cited as authority (rule) People v. Lewis
N.Y. App. Div. · 2016 · confidence medium
Since the pursuit was justified, the defendant’s abandonment of his weapon during the pursuit was not precipitated by any illegal police conduct (see People v Martinez, 80 NY2d 444, 448-449 [1992]; People v Caba, 78 AD3d at 858 ; People v Woods, 281 AD2d 570 [2001], affd 98 NY2d 627 [2002]).
discussed Cited as authority (rule) People v. White (2×) also: Cited "see"
N.Y. App. Div. · 2016 · confidence medium
Contrary to the defendant’s contention, the hearing court properly denied that branch of his omnibus motion which was to suppress the weapon found inside the bag he was holding when he was stopped by the police. “[T]he police may forcibly stop ... an individual if they have information which, although not yielding the probable cause necessary to justify an arrest, provides them with a reasonable suspicion that a crime has been, is beihg, or is about to be committed” (People v Martinez, 80 NY2d 444, 447 [1992]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Steven Martinez
New York Court of Appeals.
Dec 16, 1992.
606 N.E.2d 951
1992 N.Y. LEXIS 4218
POINTS OF COUNSEL, Marcy Chynsky, Yorktown Heights, for appellant., Carl A. Vergari, District Attorney of Westchester County, White Plains (Maryanne Luciano and Mary E. Costello of counsel), for respondent.
Simons.
Cited by 619 opinions  |  Published

OPINION OF THE COURT

Acting Chief Judge Simons.

This appeal addresses (1) the factual basis necessary to[*446] justify police officers’ pursuit and detention of a fleeing individual, and (2) whether, under the circumstances presented, police officers properly pursued defendant into a nearby grocery store, recovered drugs he had discarded and arrested him for unlawful possession of those drugs.

On April 7, 1989, at about 10:50 p.m., Mount Vernon City Police Officer Radzinsky was patrolling in a high-crime area with his partner in a marked police car when he saw defendant reach up and remove a metal Hide-a-Key box from the steel grate of a store window. Officer Radzinsky was aware that the area was known for its drug activity; he personally had made approximately 50 drug-related arrests in the vicinity. He also knew, from his experience and training, that Hide-a-Key boxes are sometimes used by drug dealers to "stash” drugs.

After observing defendant, the officers stopped and got out of their car. They were dressed in plain clothes, but Officer Radzinsky had Ms identifying badge prominently displayed and defendant knew him to be a police officer because defendant had been present when Officer Radzinsky previously arrested a friend of Ms. At the officers’ approach, defendant turned and ran a few steps into a nearby grocery store. The officers chased defendant into the store, saw Mm pass off the box to codefendant Palmer, and saw Palmer go to the rear of the store and throw the box to the floor. Officer Radzinsky retrieved the box and found it contained 17 vials of what later proved to be crack cocaine.

Defendant contends that the police had no justifiable basis to pursue him into the grocery store, that he abandoned the box as a direct result of illegal police conduct, and that, consequently, the recovered crack should have been suppressed at trial.

The parties have urged two different standards for determining the legality of the police pursuit (compare, People v Leung, 68 NY2d 734, 736; People v Be Bour, 40 NY2d 210, 223 [reasonable suspicion needed to justify seizure or pursuit], with People v Howard, 50 NY2d 583, 596 [suggesting that probable cause is needed to justify seizure or pursuit]). The controlling rule is stated in People v Leung (supra): the police may pursue a fleeing defendant if they have a reasonable suspicion that defendant has committed or is about to commit a crime.

Police-citizen encounters take a variety of forms, ranging[*447] from a request for information to an arrest. The greater the level of police interference, the greater the quantum of information necessary to justify it. Thus, we have held that the police need have only some objective credible reason to approach a citizen for information, but they must have probable cause to believe that a crime is or has been committed to support an arrest (see, People v De Bour, 40 NY2d, at 223, supra). There is a broad range of legitimate police activity between these two extremes, however, encounters which involve more than an informational stop and less than an arrest. Included among them are forcible stops and seizures which take place whenever an individual’s freedom of movement is significantly impeded (see, People v Be Bour, 40 NY2d, at 216, supra). Illustrative is police action which restricts an individual’s freedom of movement by pursuing one who, for whatever reason, is fleeing to avoid police contact. Because the resulting infringement on freedom of movement is similar, both forcible stops and pursuits require the same degree of information to justify them.

Forcibly detaining someone, or pursuing them for the purpose of detaining them, results in a lesser interference with freedom than does an arrest. Consequently, we have held that the police may forcibly stop or pursue an individual if they have information which, although not yielding the probable cause necessary to justify an arrest, provides them with a reasonable suspicion that a crime has been, is being, or is about to be committed (see, People v Leung, 68 NY2d 734, 736, supra; People v Be Bour, 40 NY2d 210, 223, supra; cf., People v May, 81 NY2d 725 [decided today]).

The. courts have applied this rule somewhat unevenly, however, because of language found in People v Howard (50 NY2d 583, supra). In Howard, we discussed the two extremes of police-citizen encounters, informational stops and arrests. The discussion of probable cause required for arrest lead some to read the decision as standing for the proposition that probable cause is required to justify police pursuit. The holding of the Court, insofar as relevant to the issue before us, was that flight alone would not justify a stop or pursuit. The Court’s conclusions are stated on page 588:

"While we hold that there was a sufficient basis to permit inquiry, we agree that defendant had the right not to answer, that his running did not, absent any indication that any crime had been or[*448] was about to be committed, permit detention; that there was no probable cause for defendant’s arrest”.

The Court did not explicitly concern itself with the requirements for an intermediate level of intrusion (People v Howard, supra, at 592).

Though some have interpreted People v Howard otherwise, the rule is, and was before the Howard decision, that the objective evidence necessary to support a stop and seizure short of an arrest is reasonable suspicion (People v De Bour, supra; People v Leung, supra).

Reasonable suspicion represents that "quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand” (see, People v Cantor, 36 NY2d 106, 112-113). Because the determination that reasonable suspicion existed involves mixed questions of law and fact, we are bound by the findings of the courts below if there is evidence in the record to support them (see, People v Jones, 69 NY2d 853, 855).

In the case before us, there is support in the record for the finding below that the police officers had a reasonable suspicion of criminal activity to justify their pursuit of defendant. There was evidence that defendant was seen standing at night in an area known for an excessive amount of drug activity, he was removing a device known to the officers to be used for hiding drug stashes, and he fled immediately upon observing the approaching police. Defendant had a right to refuse to respond to a police inquiry and his flight when the officers approached could not, in and of itself, create a reasonable suspicion of criminal activity (see, People v May, 81 NY2d 725, supra [decided today]). However, defendant’s flight may be considered in conjunction with other attendant circumstances, namely, the time, the location, and the fact that defendant was seen removing an instrument known to the police to be used in concealing drugs. "When coupled with defendant’s immediate flight upon the officer’s approach, the [removal of the Hide-a-Key box] in this narcotics-prone neighborhood establishes the necessary reasonable suspicion * * * such that pursuit by the officers was justified” (see, People v Leung, 68 NY2d, at 736, supra).

Inasmuch as the pursuit of defendant was justified, his abandonment of the Hide-a-Key box was not precipitated by any illegal police conduct (see, People v Leung, 68 NY2d, at[*449] 736-737, supra; cf., People v Boodle, 47 NY2d 398, 402, cert denied 444 US 969). Once defendant abandoned the box, he lost his right to object to the opening of the box and the drugs discovered upon opening the box provided the police with probable cause to arrest him. Thus, defendant’s motion to suppress evidence was properly denied.

Accordingly, the order of the Appellate Division should be affirmed.

Judges Kaye, Titone, Hancock, Jr., Bellacosa and Smith concur.

Order affirmed.