Opinion
November 14, 1994
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
In response to a radio transmission reporting a burglary in progress and describing three Hispanic male perpetrators, the arresting police officer properly stopped and began questioning the defendant, whose physical appearance was consistent with the description received. In addition, a bystander, whom the police subsequently learned had placed the call to the police reporting a burglary, pointed toward the defendant and his companion. Once the officer observed the bulge in the defendant's jacket pocket, he was justified in conducting a limited pat-down search to ascertain whether the defendant was armed with a weapon (see, People v. Pagan, 173 A.D.2d 744; People v. Agyman, 204 A.D.2d 731). Therefore, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the gun found in the defendant's jacket pocket. O'Brien, J.P., Joy, Friedmann and Krausman, JJ., concur.