Opinion
June 22, 1995
Appeal from the Supreme Court, New York County (Frederic S. Berman, J.).
New York City Police Officers patrolling a drug prone neighborhood known for violent taxicab robberies properly approached defendant to request information ( see, People v. De Bour, 40 N.Y.2d 210), after they observed defendant repeatedly grasping an object that formed a waistline bulge in his pants. Defendant's response to the officer's question that he was going to purchase marijuana, formed a predicate for a Terry stop. ( See, People v. Hollman, 79 N.Y.2d 181.) Defendant's flight, before the officers exited their vehicle, formed the necessary predicate to pursue him. ( See, People v. Sierra, 83 N.Y.2d 928, 929; see also, People v. Martinez, 80 N.Y.2d 444.) Defendant's abandonment of a .357 magnum as he fled was a calculated independent act to discard the weapon and thus he lacks standing to contest seizure of the property since he abandoned it. (See, People v. Boodle, 47 N.Y.2d 398, 402, cert denied 444 U.S. 969.)
Concur — Sullivan, J.P., Rubin, Asch and Williams, JJ.