Opinion
September 17, 1990
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the radio communication received by the police of "shots fired, possible man with a gun", coupled with the arresting officer's observations of the defendant's furtive and evasive behavior at the scene, were sufficient to justify the officer in ordering the fleeing defendant to return to his previous position (see, People v Benjamin, 51 N.Y.2d 267; People v. Whitehead, 135 A.D.2d 997). The officer's further observation of a bulge in the small of the defendant's back at the waistband level, which is the "telltale of a weapon" (People v. De Bour, 40 N.Y.2d 210, 221), provided the necessary predicate for a limited pat-down search (see, People v Perry, 133 A.D.2d 380, affd 71 N.Y.2d 871; People v. Sims, 127 A.D.2d 712; People v. Milton, 115 A.D.2d 666). Accordingly, the defendant's motion to suppress the loaded weapon recovered from his waistband as well as his ensuing statements to law enforcement officials, was properly denied. Mangano, P.J., Kunzeman, Kooper, Sullivan and O'Brien, JJ., concur.