Opinion
June 26, 1997
Appeal from Family Court, Bronx County (Myrna Martinez-Perez, J.).
Appellant's suppression motion was properly denied. Shortly after responding to a radio transmission "of a male Hispanic passing off a gun to another small boy" at a precise location, the officers, at that location, encountered appellant, who had one hand in the upper portion of his coat, and his companion, the only children in the vicinity where the exchange had occurred. Both children constantly looked over their shoulders as they walked away in this drug prone location at 10 o'clock on a Sunday night. Under the circumstances, the officer properly reached directly into the area where appellant's hand was positioned "as an immediate protective measure" ( Matter of Kayode A., 236 A.D.2d 214, 215; see also, People v. Benjamin, 51 N.Y.2d 267).
Concur — Sullivan, J.P., Milonas, Ellerin, Tom and Mazzarelli, JJ.