PEOPLE v. ORTIZ


172 A.D.2d 696 (1991)

The People of the State of New York, Respondent, v. Eldin Ortiz, Appellant

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

April 15, 1991


Ordered that the judgment is affirmed.

The defendant was charged with possession of a loaded .25 caliber semiautomatic handgun. He was seen by an off-duty police officer standing in front of a police precinct holding the gun and then placing it in his pocket. The off-duty police officer, who was in civilian attire, identified himself to the defendant as a police officer. The defendant then raised one arm to look at his watch, while placing his other hand into the...

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