Opinion
570238/18
03-22-2022
The People of the State of New York, Respondent, v. Bobby Friday, Defendant-Appellant.
Unpublished Opinion
PRESENT: Edmead, P.J., Brigantti, Hagler, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Steven M. Statsinger, J.), rendered March 19, 2018, convicting him, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing sentence.
Judgment of conviction (Steven M. Statsinger, J.), rendered March 19, 2018, affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The officers responded to a radio run of an incident in progress in a New York City Housing Authority building involving a man, described as wearing a black shirt and a "black ski mask" over his face, who was knocking on a resident's apartment door with an "instrument" that "sounded like a gun." When police arrived at the scene about one minute later, the officers immediately observed defendant, who matched the description, walking away from the building. Given the very close spatial and temporal proximity between the alleged robbery with a possible firearm and the encounter with defendant, the police had reasonable suspicion to stop and question defendant, and to pat him down (see People v Ward, 161 A.D.3d 520 [2018], lv denied 32 N.Y.3d 942 [2018]; People v Petteway, 11 A.D.3d 318 [2004], lv denied 4 N.Y.3d 747 [2004]). During the frisk, an officer felt a bulge in defendant's waistband and properly removed the object, an imitation Sig Sauer firearm, for further inspection (see generally People v Johnson, 22 A.D.3d 371 [2005], lv denied 6 N.Y.3d 754 [2005]).
All concur.