Opinion
November 2, 1995
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Defendant's motion to suppress was properly granted. During a traffic stop, defendant made a hand motion as if to place an object in the back seat. This did not provide sufficient basis to search the vehicle ( People v McCready, 121 A.D.2d 897, appeal dismissed 69 N.Y.2d 981). Nothing in defendant's behavior prior to the stop, to wit, looking away and slumping down, suggested that he was armed ( People v Concepcion, 216 A.D.2d 141). In any event, once the officers removed him from the vehicle, there was no immediate threat to their safety ( People v Chapman, 211 A.D.2d 544, lv denied 85 N.Y.2d 970).
Concur — Ellerin, J.P., Wallach, Nardelli and Williams, JJ.