The People of the State of New York, Respondent, v. Philip Lewis, Appellant

The People of the State of New York, Respondent, v Philip Lewis, Appellant. [613 NYS2d 2] [MAJORITY] —Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered September 25, 1992, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 6 years to life, unanimously affirmed. Contrary to defendant’s contention, the radio run stating that a light-skinned black male wearing a red sweatsuit, accompanied by another male wearing a black and white jacket, had a gun at a specified intersection afforded the police at least the common law right to inquire of defendant (see, People v Be Bour, 40 NY2d 210). Defendant’s flight before the officers questioned him justified pursuit in the circumstances of this case (see, People v Bora, 83 NY2d 531). Finally, inconsistent testimony from the officers on immaterial matters did not render the testimony as a whole incredible as a matter of law (see, People v Fryer, 186 AD2d 405, lv denied 81 NY2d 762). Concur—Sullivan, J. P., Rosenberger, Ellerin, Asch and Nardelli, JJ.