Opinion
April 11, 1996
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
Within minutes of responding to a radio broadcast of a shooting that described the suspects as two male Hispanics between ages 17 and 21, police officers observed defendant near the specified location, fitting that general description, and adjusting something around his waistband which, as defendant moved closer, was perceived as a bulge about five inches long. These circumstances gave the police a common-law right to inquire which, when exercised, escalated to reasonable suspicion that criminality was afoot by defendant's efforts to conceal the bulge ( see, People v. Yates, 176 A.D.2d 442, lv denied 79 N.Y.2d 834). The record supports the court's finding that no seizure occurred until after defendant's conduct created reasonable suspicion of criminality ( see, People v. Bora, 83 N.Y.2d 531).
Concur — Milonas, J.P., Wallach, Kupferman, Ross and Williams, JJ.