Opinion
March 10, 1992
Appeal from the Supreme Court, New York County (Herbert J. Adlerberg, J.).
While patrolling in their marked radio car on West 72nd Street in Manhattan, Officers Ewings and Spellman were flagged down by two pedestrians and informed that an unauthorized person was hand-collecting tokens at the 72nd Street station. Upon arrival there, the officers observed defendant standing outside the turnstiles engaged in a loud dispute with two passengers regarding tokens. Officer Ewings approached defendant and noticed a bulge in his left pants pocket. After asking defendant about the bulge and receiving no reply, Ewings attempted to pat it, but defendant evaded the officer's hand. Ewings instantly grabbed defendant's left hand, again intending to pat the bulge, whereupon defendant, with his right hand, removed a gun-shaped object wrapped in plastic from the right side of his body, which he then handed to his companion standing nearby. Ewings tackled defendant's friend and recovered a revolver. Defendant was arrested.
In light of the fact that defendant was observed by the police near the turnstile engaged in a loud dispute about tokens, activity tending to bear out the report the police received moments before from a citizen informant whose reliability the officers evaluated in a face to face confrontation (see, People v DeJesus, 169 A.D.2d 521, 522, lv denied 77 N.Y.2d 994), Officer Ewings' initial inquiry, which constituted a minimal intrusion, was justified (People v Thomas, 176 A.D.2d 539). Moreover, "[w]hile the observation of the bulge, without more, would not warrant a seizure or frisk, here the totality of the circumstances provided a reasonable basis for [Ewings'] apprehension for his own and his fellow officers' safety" (People v Oppedisano, 176 A.D.2d 667, 668).
Concur — Sullivan, J.P., Kupferman, Ross, Smith and Rubin, JJ.