Opinion
October 5, 1993
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
Based on a livery cab driver's frantic hand signals pointing toward his passengers, the police had a right to question the passengers (see, People v. Charriz, 186 A.D.2d 495, lv denied 81 N.Y.2d 761). High beams from a cab driver is not the only signal of criminal activity justifying a stop and inquiry. Moreover, the hysterical behavior of the driver who spoke in a foreign language and the furtive and evasive conduct of the defendant afforded a reasonable suspicion that the defendant was armed. Hence, the protective search for a weapon and the recovery of a .357 magnum with hollow point rounds by unzipping defendant's jacket was permissible (see, People v. Robinson, 125 A.D.2d 259, appeal dismissed 69 N.Y.2d 1014).
Accordingly, the motion to suppress was properly denied.
Concur — Rosenberger, J.P., Ross, Asch and Rubin, JJ.