Opinion
May 21, 1990
Appeal from the Supreme Court, Queens County (Golia, J.).
Ordered that the judgments are affirmed.
During a routine automobile patrol, a police officer observed the defendant pull a gun from his waistband. As the marked police van approached him, the defendant fled into a nearby alleyway. Within seconds, the defendant was apprehended and the same police officer, who had observed the defendant making a throwing motion, immediately searched the alleyway and recovered a revolver. The loaded revolver was found about two feet under a parked vehicle in the alleyway.
Contrary to the defendant's contention, when viewed in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), the observations of the arresting police officer constituted legally sufficient evidence to support the defendant's guilt of criminal possession of a weapon in the third degree (see, People v. Williams, 43 N.Y.2d 725; People v. Rao, 107 A.D.2d 720). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence (see, CPL 470.15).
In view of our determination, we do not reach the defendant's remaining contention regarding vacatur of his plea under indictment No. 5281/86 (cf., People v. Clark, 45 N.Y.2d 432). Thompson, J.P., Bracken, Lawrence and Kunzeman, JJ., concur.