Opinion
October 19, 1987
Appeal from the County Court, Nassau County (O'Shaugnessy, J.).
Ordered that the judgment is affirmed.
Based upon the observations of the defendant's conduct over a 45-minute period, the police had a reasonable basis for suspecting that he was engaged in criminal activity and were justified in briefly detaining him to make an inquiry (see, People v. Skinner, 48 N.Y.2d 889; People v. De Bour, 40 N.Y.2d 210). Moreover, under the circumstances, it was not unreasonable for the officers to approach the vehicle which the defendant had entered with their guns drawn (see, People v. Chestnut, 51 N.Y.2d 14, cert denied 449 U.S. 1018; People v. McBean, 123 A.D.2d 401, lv denied 69 N.Y.2d 714; People v. Mateo, 122 A.D.2d 229, lv denied 69 N.Y.2d 952; People v. Finlayson, 76 A.D.2d 670, lv denied 51 N.Y.2d 1011, cert denied 450 U.S. 931). Thus, contrary to the defendant's claim, his detention was lawful and the court correctly denied those branches of the defendant's motion which were to suppress the evidence obtained as a result thereof. Thompson, J.P., Brown, Rubin and Harwood, JJ., concur.