50 A.D.2d 531 | N.Y. App. Div. | 1975
Judgment, Supreme Court, New York County, rendered October 7, 1974, convicting defendant of the crime of possession of a weapon as a felony, unanimously reversed, on the law and in the interest of justice, and a new trial directed. An off-duty police officer, while driving in the vicinity of First Avenue and 105 Street, heard two gunshots. He thereupon exited from his car, drew his gun and shield and proceeded in the direction from which the sounds apparently emanated. The officer noticed a small crowd and from a distance of about five feet saw two men apparently engaged in a struggle. He noticed one of the men — later identified as the defendant, throw a gun to the ground. The officer, while approaching the men shouted "Police, freeze”, but the two men continued struggling (the other man apparently still being in possession of a knife). The officer separated the two men, at which time they each fell to the ground. An