People v. Pettis

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE PETTIS, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 29, 1993

195 A.D.2d 421 (N.Y. App. Div. 1993)

600 N.Y.S.2d 713

Opinion

July 29, 1993

Appeal from the Supreme Court, Bronx County (John E.H. Stackhouse, J.).

The arresting officer, who observed defendant for approximately 30 minutes at a deserted subway station, stepping on and off the rear car of three successive subway trains, acted reasonably in approaching him for an explanation of his conduct (CPL 140.50), and in thereafter conducting a protective frisk when defendant immediately put his left hand inside his left jacket pocket and refused to remove it when requested (CPL 140.50; People v. De Bour, 40 N.Y.2d 210, 223).

Concur — Murphy, P.J., Sullivan, Carro and Kupferman, JJ.