Opinion
January 11, 1990
Appeal from the Family Court, Bronx County (Rita Bolstad, J.).
Appellant was a passenger in a livery cab which was lawfully pulled over pursuant to a traffic violation. (People v. Ingle, 36 N.Y.2d 413.) Appellant was then observed making a motion pushing down on a bulge in the waistband of his pants as if to conceal it from the officer's view. The bulge looked like the handle of a gun, described as the "flat part with a ridge for where the handle would come back" and the flat-surfaced bulge was four inches across. Such observation provided reasonable suspicion on the part of the officer that appellant presented a danger to the officer's safety or the safety of others. (Terry v Ohio, 392 U.S. 1, 27; People v. Smith, 93 A.D.2d 432 [1st Dept 1982].)
Further, the courts of this State have recognized the danger to police in making a lawful traffic stop, allowing an officer to order the passengers to exit the vehicle as a safety measure. (People v. Robinson, 140 A.D.2d 723 [2d Dept], affd 74 N.Y.2d 773.)
Concur — Sullivan, J.P., Carro, Wallach, Smith and Rubin, JJ.