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Matter of Antonio A.

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1998
249 A.D.2d 202 (N.Y. App. Div. 1998)

Opinion

April 28, 1998

Appeal from the Family Court, Bronx County (Gayle Roberts, J.).


Appellant's suppression motion was properly denied. The police received detailed information about a gang-related shooting that was expected to occur imminently at a specified location. This information was substantially corroborated by the officers' observations at the location where the gang was reportedly assembling. These observations included the presence of a large group of youths, along with a specific vehicle described in the radio transmission. When a police helicopter shined a spotlight on the group of youths, appellant immediately began to walk away, repeatedly adjusting something in his waistband. The totality of circumstances including the waistband adjustment, commonly known to be a sign of the presence of a weapon, provided reasonable suspicion for the ensuing pat-down ( see, People v. Benjamin, 51 N.Y.2d 267; People v. Giles, 223 A.D.2d 39, lv denied 89 N.Y.2d 864).

Concur — Milonas, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.


Summaries of

Matter of Antonio A.

Appellate Division of the Supreme Court of New York, First Department
Apr 28, 1998
249 A.D.2d 202 (N.Y. App. Div. 1998)
Case details for

Matter of Antonio A.

Case Details

Full title:In the Matter of ANTONIO A., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Apr 28, 1998

Citations

249 A.D.2d 202 (N.Y. App. Div. 1998)
671 N.Y.S.2d 741

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