Opinion
April 12, 1994
Appeal from the Supreme Court, New York County (Richard C. Failla, J.).
The record supports the hearing court's determination that defendant's observed actions, which consisted merely of looking around the Port Authority Bus Terminal as he prepared to board a bus, did not provide a founded suspicion that criminality was afoot, so as to warrant the arresting officer's acknowledged deliberate questioning of defendant intended to elicit an incriminating response (People v Boyd, 188 A.D.2d 239, lv withdrawn 81 N.Y.2d 967).
Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Tom, JJ.