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THE PEOPLE &C., RESPONDENT, v. JOSE ESQUILIN, APPELLANT.

91 N.Y.2d 902, 691 N.E.2d 1024, 668 N.Y.S.2d 1000 (1998).
February 11, 1998

1 No. 20

[98 NY Int. 0006]
Decided February 11, 1998


This opinion is uncorrected and subject to revision before publication in the New York Reports.

Florian Miedel, for appellant.
William McGuire, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

As there was evidence to support the lower courts' determination that the police possessed a reasonable suspicion of criminal activity justifying the pursuit of defendant (see,People v Sierra, 83 NY2d 928), the issue is beyond this Court's further review.

Defendant's remaining contention that the trial court violated CPL 310.30 by failing to properly respond to a jury question is without merit.

* * * * * * * * * * * * * * * * *

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided February 11, 1998