Opinion
September 26, 1994
Appeal from the Family Court, Kings County (Lubow, J.).
Ordered that the order is affirmed, without costs or disbursements.
We agree with the Family Court that under the circumstances of this case, the arresting officer, under the fellow-officer rule (see, People v. McCloud, 182 A.D.2d 835, 837; see also, People v Lypka, 36 N.Y.2d 210; People v. Havelka, 45 N.Y.2d 636), had reasonable suspicion to order the appellant, at gunpoint, to get out of the car in which he was riding as a passenger. Thus, the appellant was not entitled to suppression of the gun found sticking out of his waistband. Rosenblatt, J.P., Miller, Ritter and Hart, JJ., concur.