Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Andrew J. Zapata of counsel), for respondent.
SWEENY, J.P., MANZANET–DANIELS, FEINMAN, KAPNICK, WEBBER, JJ.
Judgments, Supreme Court, Bronx County (Margaret L. Clancy, J. at hearing; James M. Kindler, J. at pleas and sentencing), rendered November 7, 2013, convicting defendant of criminal possession of a weapon in the third degree and assault in the third degree, and sentencing him an aggregate term of one to three years, unanimously affirmed.
Defendant's suppression motion was properly denied. The officer's common-law inquiry was justified by the totality of his observations, including the particular position of defendant's hand and his manner of walking, and his belief that defendant was holding what appeared to be the handle of a firearm (and not some innocuous object) at his waistband (see e.g. People v. Feliz, 45 A.D.3d 437, 847 N.Y.S.2d 160 [1st Dept.2007], lv. denied 9 N.Y.3d 1033, 852 N.Y.S.2d 18, 881 N.E.2d 1205 [2008] ; Matter of Jamaal C., 19 A.D.3d 144, 797 N.Y.S.2d 13 [1st Dept.2005] ). Defendant's immediate flight upon being approached by the officer, coupled with the officer's observations, justified the police pursuit, during which time defendant deliberately discarded the pistol he was carrying (see e.g. People v. Bush, 129 A.D.3d 537, 11 N.Y.S.3d 589 [1st Dept.2015] ; People v. Pitman, 102 A.D.3d 595, 958 N.Y.S.2d 152 [1st Dept.2013], lv. denied 21 N.Y.3d 1018, 971 N.Y.S.2d 501, 994 N.E.2d 397 [2013] ).