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Matter of Alphonso

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 493 (N.Y. App. Div. 1990)

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.


Summaries of

Matter of Alphonso

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1990
157 A.D.2d 493 (N.Y. App. Div. 1990)
Case details for

Matter of Alphonso

Case Details

Full title:In the Matter of ALPHONSO J., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 11, 1990

Citations

157 A.D.2d 493 (N.Y. App. Div. 1990)
549 N.Y.S.2d 681

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