Opinion
December 5, 1989
Appeal from the Supreme Court, New York County, Paul Bookson, J.
The officers, after receiving a radio run indicating prowlers, had probable cause to arrest defendant when he was observed descending the stairs of a brownstone two doors away from the building where the perpetrator was seen entering. The defendant easily could have traversed the rooftops between the two buildings. Moreover, defendant matched the detailed description of the perpetrator given by complainant and took flight when confronted by the single police officer. Even if probable cause had been wanting, it could be said that the officer had a reasonable suspicion that defendant had been engaged in criminal activity and, under People v Hicks ( 68 N.Y.2d 234), the officer was well within his authority to handcuff and detain defendant in order to take him outside of the building, where complainant awaited, for identification. Under the circumstances, the application of handcuffs during such a nonarrest detention based upon reasonable suspicion would not have elevated the detention into a full-blown arrest. (People v Allen, 73 N.Y.2d 378, 380.) Further, viewing the evidence in the light most favorable to the People, the defendant's guilt was proven beyond a reasonable doubt (People v Contes, 60 N.Y.2d 620, 621). The trier of fact accorded credibility to complainant's identification of defendant (People v Mosley, 112 A.D.2d 812) and defendant was found in possession of the proceeds of the crime (People v Johnson, 65 N.Y.2d 556, 562).
Concur — Ross, J.P., Asch, Milonas, Ellerin and Wallach, JJ.