People v. Wiggins — 216 A.D.2d 150

Majority

p. 150

The People of the State of New York, Respondent, v Reginald Wiggins, Appellant.

[628 NYS2d 282]

Judgment, Supreme Court, New York County (Frederic S. Berman, J.), rendered March 2, 1994, convicting defendant, after a guilty

p. 151

plea, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a prison term of 21/2 to 5 years, unanimously affirmed.

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 NY2d 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 NY2d 181 .) Defendant’s flight, before the officers exited their vehicle, formed the necessary predicate to pursue him. (See, People v Sierra, 83 NY2d 928 , 929; see also, People v Martinez, 80 NY2d 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 NY2d 398 , 402, cert denied 444 US 969 .) Concur— Sullivan, J. P., Rubin, Asch and Williams, JJ.

Cases cited

People v. De Bour 40 NY2d 210 N.Y. 1976-06-15 p. 151
People v. Hollman 79 NY2d 181 N.Y. 1992-02-20 p. 151
People v. Sierra 83 NY2d 928 N.Y. 1994-06-14 at 929 p. 151
People v. Martinez 80 NY2d 444 N.Y. 1992-12-16 p. 151
People v. Boodle 47 NY2d 398 N.Y. 1979-06-14 at 402 p. 151