57 A.D.2d 778 | N.Y. App. Div. | 1977
Judgment, Supreme Court, New York County, entered October 19, 1976, annulling the determination of the police commissioner, unanimously reversed, on the law, and vacated, and the determination of the police commissioner reinstated, without costs or disbursements. Petitioner, the operator of a private security agency, was licensed to carry a pistol since 1969. On August 2, 1975, two police officers on radio motor patrol responded to a call from petitioner indicating that two shots had been fired in Apartment 20K on 150 West 225th Street. When they arrived at the scene, they identified themselves as police officers but were initially refused entry. Petitioner refused to open the door because he said there were two people outside with shotguns. The police saw no one in the hallway with any weapon. When the door to the apartment was finally opened, they saw the petitioner standing with a revolver in each hand. He was directed to put the pistols down. When he did not respond, the officers disarmed him. Petitioner did not resist, nor did he make any statement at-that time. Petitioner then told the police that two