Summary
In Garner, the police eventually determined that no robbery had taken place, but we nonetheless held that a limited frisk of the defendant's waistband area was justified.
Summary of this case from People v. CelajOpinion
September 21, 1993
Appeal from the Supreme Court, New York County (Bernard Fried, J.).
We agree with the hearing court that the police were justified in stopping and frisking defendant. "[A] radioed tip * * * when considered in conjunction with other supportive facts * * * [may] support a reasonable suspicion justifying intrusive police action. * * * [T]his additional support can, as well, be provided by factors rapidly developing or observed at the scene." (People v Benjamin, 51 N.Y.2d 267, 270.) Here, upon arriving at the store where an armed robbery was reportedly in progress, the arresting officers saw two men leaving the store who so closely fit the radioed descriptions of the two robbers that the reliability of the tip could reasonably be assumed (see, supra). It was also reasonable to assume that a potential for great danger existed (see, People v Bond, 116 A.D.2d 28, 31, lv denied 68 N.Y.2d 767), a fear heightened by the officers' observation of a bulge in defendant's waistband and by defendant's response that "nothing" was contained in the waistband. A different conclusion is not required by the fact that when the officers entered the store they learned that there had not been a robbery.
Concur — Murphy, P.J., Wallach, Kupferman and Ross, JJ.