Opinion
May 28, 1996
Appeal from the Supreme Court, Bronx County, Irene Duffy, J., Frank Diaz, J.
Defendant's motion to suppress was properly denied. The two officers had an objective credible reason to approach defendant for information when they heard gunfire and then immediately saw defendant, who was the only person on the street in the vicinity of where the shots had come from ( People v. Blackwell, 206 A.D.2d 300, appeal dismissed 85 N.Y.2d 851; People v. Tucker, 223 A.D.2d 424). Defendant's actions in adjusting his waistband and, upon the officers' approach, in backing away from them with fists clenched at his chest, justified the frisk ( People v. Benjamin, 51 N.Y.2d 267, 271).
Concur — Murphy, P.J., Sullivan, Wallach, Nardelli and Tom, JJ.