People v. Pendergraft

Judgment, Supreme Court, New York County, rendered October 7, 1974, convicting defendant of the crime of possession of a weapon as a felony, unanimously reversed, on the law and in the interest of justice, and a new trial directed. 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…