Opinion
May 22, 1997
Appeal from Supreme Court, New York County (Murray Mogel, J.),
Given the arresting officer's expertise concerning drug trafficking by bus passengers, his observations of defendant's conduct and demeanor provided an objective, credible reason for approaching defendant to request information ( see, People v Hollman, 79 N.Y.2d 181, 193). Although the officer had already observed defendant deposit a bag under the bus, the officer's initial inquiry as to whether defendant was carrying any luggage was neither accusatory nor intimidating, and thus did not take the encounter beyond a request for information ( supra, at 191-192). Once defendant denied ownership of the bag, which was contrary to the officer's observations, the officer had a founded suspicion that criminal activity was afoot, permitting further inquiry.
Concur — Sullivan, J.P., Milonas, Ellerin, Tom and Mazzarelli, JJ.