People v. Soscia, 96 A.D.3d 1081 (N.Y. App. Div. 2012). · Go Syfert
People v. Soscia, 96 A.D.3d 1081 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Sidbury (nyappdiv, 2025-04-16)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Sidbury
N.Y. App. Div. · 2025 · confidence medium
Since the pursuit of the defendant was justified, the firearm he dropped during the pursuit was not subject to suppression ( see People v Sierra , 83 NY2d 928; People v Soscia , 96 AD3d at 1082).
discussed Cited as authority (rule) Matter of Ya-Sin S.
N.Y. App. Div. · 2014 · confidence medium
Here, because the pursuit of the appellant was justified, the gun he discarded during the pursuit was not subject to suppression as a result of any unlawful police conduct (see People v Sierra, 83 NY2d at 930 ; People v Soscia, 96 AD3d 1081, 1082 [2012] ; People v Buie, 89 AD3d at 749 ).
discussed Cited as authority (rule) People v. Morris
N.Y. App. Div. · 2013 · confidence medium
It was during this justified pursuit—and not as a result of any search of defendant— that the weapon was abandoned by defendant and ultimately recovered by the police (see People v Soscia, 96 AD3d 1081, 1081-1082 [2012], lv denied 19 NY3d 1105 [2012]; compare People v Crawford, 89 AD3d 422, 424 [2011]).
discussed Cited as authority (rule) People v. Morris
N.Y. App. Div. · 2013 · confidence medium
It was during this justified pursuit—and not as a result of any search of defendant— that the weapon was abandoned by defendant and ultimately recovered by the police (see People v Soscia, 96 AD3d 1081, 1081-1082 [2012], lv denied 19 NY3d 1105 [2012]; compare People v Crawford, 89 AD3d 422, 424 [2011]).
discussed Cited "see" People v. Loper
N.Y. App. Div. · 2014 · signal: see · confidence high
The detective’s observations supported only a “founded suspicion that criminal activity [was] afoot” (People v De Bour, 40 NY2d at 223 ; see People v Soscia, 96 AD3d 1081, 1081 [2012]; People v Martin, 88 AD3d 473, 474 [2011], affd 19 NY3d 914 [2012]; People v Chin, 25 AD3d 461, 462 [2006]), which is insufficient to justify the stop of the defendant’s car (see People v Jennings, 45 NY2d at 999 ; People v Hurdle, 106 AD3d at 1104).
discussed Cited "see" People v. Loper
N.Y. App. Div. · 2014 · signal: see · confidence high
The detective’s observations supported only a “founded suspicion that criminal activity [was] afoot” (People v De Bour, 40 NY2d at 223 ; see People v Soscia, 96 AD3d 1081, 1081 [2012]; People v Martin, 88 AD3d 473, 474 [2011], affd 19 NY3d 914 [2012]; People v Chin, 25 AD3d 461, 462 [2006]), which is insufficient to justify the stop of the defendant’s car (see People v Jennings, 45 NY2d at 999 ; People v Hurdle, 106 AD3d at 1104).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Matthew Soscia
Appellate Division of the Supreme Court of the State of New York.
Jun 27, 2012.
96 A.D.3d 1081
Cited by 251 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Lorenzo, J.), rendered January 5, 2011, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

A police officer patrolling in a marked police car in a high-crime area at around 1:40 a.m. observed hand-to-hand contact between a man, later identified as the defendant, and a woman, who were standing together with two other males. The area was known as one in which narcotics sales frequently occurred, and for this reason, as well as the nature of the hand-to-hand movement, the officer suspected a drug transaction. As the officer approached the group, the woman walked away, despite the officer’s request for identification. The officer requested identification from the remaining three men; the two bystander males complied, and the officer recognized them from previous arrests for weapons possession. The defendant, however, did not respond to the officer’s request for identification, but stood with his hands in his pockets. Upon the officer’s request for identification, to state whether he had a weapon, and to remove his hands from his pockets, the defendant fled. The officer pursued him to the rear of a residence, where the defendant encountered a fence which prevented his further flight. The defendant then placed some objects on the ground, and was overtaken and handcuffed. The officer then recovered the discarded objects, which included a knife.

The hearing court properly determined that the arresting police officer had a founded suspicion that the defendant was engaged in criminal activity, triggering the common-law right of inquiry, which, by virtue of the defendant’s flight, ripened into reasonable suspicion to pursue (see People v Sierra, 83 NY2d 928 [1994]; People v Matienzo, 81 NY2d 778, 780 [1993]; People [*1082] v De Bour, 40 NY2d 210, 222-223 [1976]; People v Britt, 67 AD3d 1023, 1024 [2009]; People v Wynn, 25 AD3d 576, 577 [2006]). Because the pursuit of the defendant was justified, the knife he discarded during the pursuit was not subject to suppression as the result of unlawful police behavior (see People v Sierra, 83 NY2d 928 [1994]; People v Britt, 67 AD3d at 1024; People v Wynn, 25 AD3d at 577; People v Riley, 290 AD2d 568 [2002]).

Accordingly, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence. Dillon, J.P., Balkin, Eng and Chambers, JJ., concur.