People v. Davis

On an agreed statement of fact, the court has been asked to render judgment. Is the defendant to be found guilty of possession of an imitation pistol under section 436-5.0 of the Administrative Code of the City of New York, or acquitted?

A New York City police officer, having been given information about the defendant by a third party, apprehended the defendant who was running and who had something in his hand but who threw that something to the ground during the chase. The officer testified he recovered the item thus disposed of and discovered it to be a 32-caliber pistol, later tested and…