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People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1991
175 A.D.2d 211 (N.Y. App. Div. 1991)

Opinion

July 15, 1991

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the judgment is affirmed.

On the evening of February 24, 1988, Police Officers Salvatore Costa and Douglas Greenwood were patrolling a Brooklyn apartment building known for drug trafficking activity. When the officers reached the second floor, they observed the defendant, standing face-to-face with a second man in a narrow hallway. Upon observing the defendant's companion, later identified as Noel Velasquez, drop four vials of cocaine to the ground, the officers directed both men to "freeze" and stand against the wall. As Officer Costa was handcuffing Velasquez, he observed the defendant attempting to hide what appeared to be a gun. The officers then recovered a gun from the defendant, resulting in his arrest.

Contrary to the defendant's contention, we find that the officers' limited detention of him was reasonable under these circumstances (see, People v Prochilo, 41 N.Y.2d 759, 761). Although the officers may not have reasonably suspected that the defendant was engaged in any illegal activity (see, People v Ballejo, 114 A.D.2d 902), the officers were engaged in the arrest of the defendant's companion in a narrow hallway in a building known for drug trafficking and their initial stop of the defendant was proper to ensure their safety (see, People v Salaman, 71 N.Y.2d 869; People v Green, 103 A.D.2d 362, 365; People v Jenkins, 87 A.D.2d 526; People v Branch, 134 Misc.2d 705). Moreover, the officers' subsequent observation of the defendant's gun provided probable cause for his arrest (see, People v McRay, 51 N.Y.2d 594).

We have examined the defendant's remaining contentions and find that they are unpreserved for appellate review, and in any event, without merit. Thompson, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1991
175 A.D.2d 211 (N.Y. App. Div. 1991)
Case details for

People v. Burgos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVARISTO BURGOS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 15, 1991

Citations

175 A.D.2d 211 (N.Y. App. Div. 1991)
572 N.Y.S.2d 351

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