Summary
In People v. Salaman (71 N.Y.2d 869), a police officer received an anonymous tip of a black male with a gun at a specified location wearing a long beige overcoat and a maroon sweatshirt with a hood on it. On arriving at the intersection, he observed approximately 25 persons, but only one meeting the description.
Summary of this case from People v. DawsonOpinion
Decided March 29, 1988
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Leonard Litz, J.
Stephen J. Pittari and Peter Paul Insero, Jr., for appellant.
Carl A. Vergari, District Attorney (Maryanne Luciano of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Defendant appeals from his conviction, upon his guilty plea, of criminal possession of a weapon in the third degree, arguing that the arresting officer's frisk which produced a .22 caliber revolver was not justified as a matter of law. At the suppression hearing, the arresting officer testified that, acting on an anonymous tip of a black male with a gun at South Fifth Avenue and West Third Street in the City of Mount Vernon wearing a long beige overcoat and a maroon sweat-shirt with a hood on it, he reached the intersection and observed approximately 25 people milling about, but only defendant matched the description given. He approached defendant and ordered him to put his hands on the hood of the car and conducted a pat down of defendant's outer clothing.
Any inquiry into the propriety of police conduct must weigh the degree of intrusion it entails against the precipitating and attending circumstances (People v De Bour, 40 N.Y.2d 210, 223), and where the officer is justified in believing that the suspect is armed, a frisk for weapons is permissible (Terry v Ohio, 392 U.S. 1, 27). The officer was of course duty bound to investigate the report (People v Landy, 59 N.Y.2d 369, 374; People v Benjamin, 51 N.Y.2d 267, 270), and his independent observations corroborated the information received, both as to the specific description of the suspect and as to the exact location where he could be found (People v Kinlock, 43 N.Y.2d 832). It was night in what the officer testified was a high-crime area (see, People v Bronston, 68 N.Y.2d 880, 881; People v McLaurin, 43 N.Y.2d 902). He further testified that he acted for his own safety and for that of others in the vicinity. Under these circumstances, where the officer approached defendant without any weapon drawn and conducted only a pat down of defendant's outer clothing, it cannot be said that the degree of intrusion employed was unreasonable. Inasmuch as there is evidence in the record to support the hearing court's finding, undisturbed by the Appellate Division, that there was a sufficient predicate for the officer's interference with defendant to secure the safety of the officer and others in the intersection, our review process is at an end (People v Jones, 69 N.Y.2d 853, 855).
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.