Summary
In People v. Alford, 146 AD2d 635, 536 NYS2d 848 (2nd Dept. 1989) reasonable cause for a stop, frisk and search of the defendant, resulting in the recovery of a knife, was upheld based upon a radio transmission of a knife-point robbery, the observation of three (3) men, two (2) of whom fit the description of the suspects, the men seeking to flee when told to stop by the officers, and the observation of a bulge in the defendant's pocket.
Summary of this case from PEOPLE v. SOSAOpinion
January 17, 1989
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
We agree with the hearing court that the defendant's initial detention was lawful and that his ensuing arrest was based on probable cause. The arresting officer received a radio transmission regarding a knifepoint robbery at an Exxon station involving three black males. Approximately 15 minutes after receiving the transmission, the officer observed, in the vicinity of the scene of the crime, 3 black males, 2 of whom wore clothing matching the description furnished in the transmission. When the officer called out to the defendant and his companions, requesting them to stop, they changed direction and increased their pace. The officer then ordered the suspects to stop. We find that the defendant's initial detention was supported by reasonable suspicion founded on articulable facts (see, CPL 140.50; People v De Bour, 40 N.Y.2d 210; People v Alleyne, 136 A.D.2d 552, lv denied 71 N.Y.2d 892; People v Davis, 123 A.D.2d 640, lv denied 69 N.Y.2d 710). Moreover, once the officer observed a bulge in the defendant's pocket, he was justified in conducting a limited pat-down search to ascertain whether the defendant was armed with a weapon (see, People v Spivey, 46 N.Y.2d 1014; People v Rosa, 138 A.D.2d 756, lv denied 72 N.Y.2d 866). Probable cause to arrest the defendant existed upon the discovery of a knife in his pocket (see, CPL 140.10 [b]; People v De Bour, supra; People v Cantor, 36 N.Y.2d 106; People v Ulmer, 134 A.D.2d 634, lv denied 70 N.Y.2d 1011 ). Accordingly, the officer was entitled to effectuate a warrantless arrest since he possessed reasonable cause to believe that defendant was one of the perpetrators of the robbery (see, CPL 140.10 [b]). Mollen, P.J., Bracken, Sullivan and Harwood, JJ., concur.