In re Gregory B.
Opinion of the Court
Order of dispo
The court properly denied appellant’s motion to suppress. A common-law inquiry was warranted by the facts that appellant, together with his companion, matched a sufficiently specific joint description of two youths who had committed a robbery the day before, and were observed in close proximity to the crime scene (see, People v Russ, 61 NY2d 693). Then, when appellant attempted to shield himself from the view of the officers, had his hand near his waistband, and was observed to have a large heavy bulge in his pocket, the police had a reasonable basis to believe that he had a gun in his possession and that the officers were in danger, thus justifying a frisk (see, People v Benjamin, 51 NY2d 267). Concur — Nardelli, J. P., Rubin, Tom and Mazzarelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.