Opinion
November 17, 1994
Appeal from the Supreme Court, New York County (Renee White, J.).
We agree with the suppression court that the radio report of a man carrying a gun did not justify the arresting officer's gunpoint approach and frisk of defendant, who, while matching the description in the radio report, showed no pocket bulge and displayed no furtive gestures or other suspicious behavior that might have substantiated the unidentified informant's tip (see, People v. Patterson, 165 A.D.2d 673, lv denied 76 N.Y.2d 989; People v. Francis, 108 A.D.2d 322; compare, People v. Cartagena, 189 A.D.2d 67, lv denied 81 N.Y.2d 1012).
Concur — Asch, J.P., Rubin, Nardelli and Tom, JJ.