People v. Matos

191 A.D.2d 232, 594 N.Y.S.2d 256, 1993 N.Y. App. Div. LEXIS 2182

Opinion

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered May 22, 1991, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him to a term of 1 Vi to 3 years, unanimously affirmed. The case is remitted for further proceedings pursuant to CPL 460.50 (5).

The officer, recognizing the triangular container defendant was carrying as a type in which new handguns are packaged, reasonably suspected that defendant possessed a handgun (see, People v Martinez, 80 NY2d 444). Inasmuch as the pursuit of defendant was justified, defendant’s abandonment of the box was not precipitated by any illegal police conduct (People v Leung, 68 NY2d 734, 736-737). Concur — Ellerin, J. P., Kupferman, Ross and Kassal, JJ.