Opinion
September 29, 1994
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Contrary to defendant's contention, the radio run providing a detailed description of an armed female suspect at a specified location, together with defendant's appearance at that location, afforded the police at least the common-law right to make an inquiry of her (People v. Lewis, 204 A.D.2d 253). Defendant's subsequent action of reaching into her jacket with her right hand, which held a brown paper bag, upon making visual contact with the officer, provided an objective basis for the officer's fear for his safety and justified the officer's minimally intrusive act of immediately grabbing defendant's right hand. This act caused the paper bag to fall to the ground, revealing its contents of 52 crack vials (see, People v. Chin, 192 A.D.2d 413, lv denied 81 N.Y.2d 1071). Under these circumstances, we find no basis to disturb the hearing court's findings.
Concur — Ellerin, J.P., Ross, Asch, Rubin and Williams, JJ.