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People v. Irizarry

Appellate Division of the Supreme Court of New York, First Department
Nov 26, 1991
177 A.D.2d 457 (N.Y. App. Div. 1991)

Opinion

November 26, 1991

Appeal from the Supreme Court, Bronx County, William T. Martin, J., Phylis Bamberger, J.


Responding to a radio run of shots fired, police officers were approached by an unidentified man, who described a "crazy" man wearing a three-quarter length black leather coat with a fur collar and black pants as one who had been fighting and firing his gun; he also described the man's female companion as wearing a striped jacket. The officers approached a couple matching this description about one-half block away. As the suspect was told to stop and turned around, one of the officers, fearing he had a gun, grabbed his hands, and after observing a bulge in his jacket pocket, put him against a wall and frisked him, recovering a hand gun.

We agree with the hearing court that the officers' actions were reasonable. The detailed descriptions provided by an informant who encountered the officers face-to-face provided the reasonable suspicion necessary for a stop and frisk (People v. Green, 35 N.Y.2d 193; People v. DeJesus, 169 A.D.2d 521, 522; People v Bruce, 78 A.D.2d 169), and, since the officers were searching for a man believed to be acting "crazy" and armed, their assessment of the need to grab his hands, put him against a wall, and frisk him was properly given considerable weight (People v. Castro, 115 A.D.2d 433, 435, affd 68 N.Y.2d 850).

Concur — Sullivan, J.P., Wallach, Smith and Rubin, JJ.


Summaries of

People v. Irizarry

Appellate Division of the Supreme Court of New York, First Department
Nov 26, 1991
177 A.D.2d 457 (N.Y. App. Div. 1991)
Case details for

People v. Irizarry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERTO IRIZARRY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 26, 1991

Citations

177 A.D.2d 457 (N.Y. App. Div. 1991)
576 N.Y.S.2d 553

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