People v. Matos

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON MATOS, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 9, 1993

191 A.D.2d 232 (N.Y. App. Div. 1993)

594 N.Y.S.2d 256

Opinion

March 9, 1993

Appeal from the Supreme Court, New York County (Bernard Fried, J.).

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 N.Y.2d 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 N.Y.2d 734, 736-737).

Concur — Ellerin, J.P., Kupferman, Ross and Kassal, JJ.