Opinion
2001-11022, 2000-02357
Argued November 30, 2001.
December 31, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Silverman, J.), rendered March 7, 2000, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Andrew C. Fine, New York, N.Y. (Frank J. Loss and Natalie Rea of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove, Thomas S. Burka, and Gwen Schoenfeld of counsel; Collette Harrell on the brief), for respondent.
Before: ANITA R. FLORIO, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the police were justified in approaching him (see, People v. Stewart, 41 N.Y.2d 65; People v. De Bour, 40 N.Y.2d 210; People v. Andrades, 219 A.D.2d 656; People v. Daniels, 190 A.D.2d 858), and the facts and circumstances known to the police at the time justified the limited precautionary measures taken by the officers to protect themselves when they first approached the defendant and his companions (see, People v. Benjamin, 51 N.Y.2d 267; People v. Dawson, 243 A.D.2d 319; People v. Bannister, 220 A.D.2d 520; People v. Reyes, 191 A.D.2d 522; People v. Mondello, 191 A.D.2d 462).
Moreover, the confirmatory observations of the officers, coupled with the uncooperative behavior of the defendant and one of his companions, increased the level of suspicion to a point which justified the limited frisk of the defendant for weapons (see, People v. Benjamin, supra; People v. De Bour, supra; People v. Dawson, supra; People v. Bannister, supra). Once the police recovered a gun from the defendant, they had probable cause to arrest him (see, People v. Daniels, supra).
FLORIO, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.