Opinion
June 27, 1995
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
The police officer's actions in leaning through the window of the taxi to touch defendant's chest were justified by the taxi having run a red light, defendant's movements in the back seat, the officer's observation that defendant appeared to be wearing a bulletproof vest, and defendant's refusal to answer the officer's question as to what he was wearing ( People v. Clee, 89 A.D.2d 188, 190-191, appeal dismissed 61 N.Y.2d 899). When defendant, apparently realizing that the officer knew he was wearing a bulletproof vest, threw his hands to his sides in an attempt to conceal a bulge in his coat, the officer had a reasonable concern for his safety and thus a reasonable basis to search defendant ( People v. Clements, 88 A.D.2d 541, appeal dismissed 58 N.Y.2d 821). Accordingly, defendant's motion to suppress the gun found in his possession was properly denied.
Concur — Murphy, P.J., Ellerin, Wallach, Rubin and Tom, JJ.