Opinion
February 24, 1986
Appeal from the Family Court, Kings County (Palmer, J.).
Order of disposition affirmed, without costs or disbursements.
The appellant's contention that the police did not have probable cause to arrest him is without merit. When coupled with the indications of criminal activity, flight from the police is an important factor in determining probable cause (see, People v Howard, 50 N.Y.2d 583, 592, cert denied 449 U.S. 1023).
The appellant's disposal of a gun during the chase by police was an abandonment of that property, and the police properly seized it. People v. Howard (supra) does not hold to the contrary (see, e.g., People v. Chapman, 103 A.D.2d 494). Therefore, the Family Court Judge properly denied the appellant's motion to suppress the gun.
With the gun properly admitted into evidence, a review of the record indicates that there was proof beyond a reasonable doubt that the appellant possessed a loaded gun. Thus, the Family Court Judge correctly concluded on the record at the fact-finding hearing that the appellant had committed an act which, if done by an adult, would have constituted a violation of Penal Law § 265.02 (4). Mangano, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.