Opinion
February 20, 1992
Appeal from the Supreme Court, New York County (Paul E. Bookson, J.).
The radio run of a burglary in progress at a specified building location, and the immediate eyewitness identification of defendant proceeding away from the scene with a VCR wrapped in a towel in hand, justified the minimally intrusive stop made by the officers (People v. Rivera, 67 A.D.2d 867). That the police radio report only stated the location of the building and that the officers undertook pursuit without having first verified how the eyewitness knew that defendant had committed a crime, does not invalidate the stop. The facts dictated swiftness of action (People v. Benjamin, 51 N.Y.2d 267). The stop being reasonable, the pat down of an observed bulge was an appropriate safety precaution and the discovery of stolen property provided ample probable cause to arrest.
Concur — Carro, J.P., Milonas, Ellerin and Ross, JJ.