PEOPLE v. PENDERGRAFT


50 A.D.2d 531 (1975)

The People of the State of New York, Respondent, v. Alfred Pendergraft, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1975


An off-duty police officer, while driving in the vicinity of First Avenue and 105 Street, heard two gunshots. He thereupon exited from his car, drew his gun and shield and proceeded in the direction from which the sounds apparently emanated. The officer noticed a small crowd and from a distance of about five feet saw two men apparently engaged in a struggle. He noticed one of the men — later identified as the defendant, throw a gun to the ground. The officer, while...

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