Opinion
Argued September 5, 1986
Decided October 14, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Harold Baer, Jr., J., Robert Haft, J.
Nancy Feldman and Philip L. Weinstein for appellant. Robert M. Morgenthau, District Attorney (Ralph Fabrizio and Joyce P. Adolfsen of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Defendant argues on this appeal that the police acted unreasonably in conducting a pat-down search based on a tip supplied by an informant during a face-to-face encounter with police that defendant had a gun and said that he intended to "rip off a `queen'".
Resolution of this question turns primarily on an assessment of the credibility of the officer who testified before the suppression court. Thus, in view of the undisturbed finding that the police possessed reasonable suspicion to frisk defendant, his contention presents a mixed question of law and fact, which we will review only to the extent of determining whether there was evidence at the suppression hearing to support the hearing court's determination (People v Van Luven, 64 N.Y.2d 625; People v Vincente, 63 N.Y.2d 745). Because such record support exists, we conclude that the motion to suppress was properly denied.
Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.
Order affirmed in a memorandum.