Ordered that the judgment is reversed, on the law, the plea is vacated, suppression of the physical evidence, identification testimony, and the defendant's statement to law enforcement officials is granted, and the matter is remitted to the County Court, Nassau County, for further proceedings on the indictment.
As developed at a combined Huntley/Dunaway/Mapp hearing (see Mapp v Ohio, 367 U.S. 643 [1961]; People v Huntley, 15 N.Y.2d 72 [1965]), on February 6, 2010, at or around 7:50 P.M., a police officer of the Village of Freeport Police Department was working in plain clothes and responded to a radio call about a robbery at a liquor store in Freeport. The description of the suspect was a "male black with a black jacket." The officer, who was driving an unmarked Crown Victoria patrol car, responded to the call and was traveling on Southside Avenue when, at approximately "7:54, 7:55" P.M., he observed the defendant, "a male black with a black jacket and a red and white, like a high
At the conclusion of the hearing, the County Court found that the police conduct was reasonably responsive to the situation presented, and denied suppression of the physical evidence, identification testimony, and the defendant's statement to law enforcement officials. We reverse.
"The police may lawfully pursue an individual if they have reasonable suspicion that he or she has committed or is about to commit a crime" (People v Brogdon, 8 A.D.3d 290, 292 [2004]; see People v Holmes, 81 N.Y.2d 1056, 1057-1058 [1993]). Flight plus "other specific circumstances indicating that the suspect may be engaged in criminal activity" can provide reasonable suspicion (People v Sierra, 83 N.Y.2d 928, 929 [1994]). "However, flight alone or in conjunction with equivocal circumstances that might permit a request for information is insufficient to justify pursuit" (People v Brogdon, 8 AD3d at 292; see People v Holmes, 81 NY2d at 1058; People v Howard, 50 N.Y.2d 583, 592 [1980], cert denied 449 U.S. 1023 [1980]).
Here, the People failed to establish the distance between the location of the defendant when he was first observed by the officer and the location of the robbery. As such, the People failed to establish spatial proximity between the crime and the location of the defendant. Furthermore, the evidence presented at the hearing was insufficient to establish that the defendant knew that the officer was a police officer at the time he started to flee, as the officer was in plain clothes and was driving an unmarked Crown Victoria patrol car (see People v Riddick, 70 A.D.3d 1421, 1423-1424 [2010]). Indeed, at the hearing, the officer acknowledged that he did not identify himself as a police officer until he was in the midst of pursuing the defendant.
Moreover, there were no specific circumstances indicating that the defendant might be engaged in criminal activity. Therefore, the defendant's flight did not justify the officer's pursuit (see People v Brogdon, 8 AD3d at 292; People v Holmes,
As a result, the pursuit of the defendant and his seizure were unlawful. Consequently, the physical evidence, identification testimony, and the defendant's statement to law enforcement officials should have been suppressed as "fruit of the poisonous tree" (Wong Sun v United States, 371 U.S. 471, 488 [1963] [internal quotation marks omitted]; see People v Day, 8 A.D.3d 495, 496 [2004]).
Accordingly, we reverse the judgment, vacate the plea, and remit the matter to the County Court, Nassau County, for further proceedings on the indictment.