PEOPLE v. MONEGRO

All of defendant's actions during a verbal street corner argument were at least as capable of an innocent explanation as of indicating that he was in possession of a weapon or was otherwise engaging in criminal activity. In these circumstances, defendant's departure from the scene did not justify the immediate pursuit by the police (People v. Holmes, 81 N.Y.2d 1056).

Concur — Carro, J.P., Ellerin, Wallach and Ross, JJ.