Opinion
413
March 7, 2002.
Judgment, Supreme Court, New York County (William Leibovitz, J. at suppression hearing; Micki Scherer, J. at plea and sentence), rendered December 22, 1999, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.
Ann M. Olson for respondent.
Jojo H. Annobil for defendant-appellant.
Before: Nardelli, J.P., Tom, Sullivan, Rubin, Friedman, JJ.
Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761). The evidence properly credited by the court establishes that, in contrast to Florida v. J.L. ( 529 U.S. 266), the stop and frisk was justified by much more than an anonymous caller's description of defendant, his location and the crime. First, there were three detailed and consistent anonymous calls regarding a man with a gun and the record discloses there were two callers. Furthermore, as the police approached defendant, in a high-crime area, he made movements that reasonably appeared to be attempts to flee and to conceal an object in his waistband (see, People v. Benjamin, 51 N.Y.2d 267, 270-271; People v. Clemente, 195 A.D.2d 300,lv denied 82 N.Y.2d 715). Accordingly, the anonymous information was sufficiently corroborated to establish its reliability with respect to its assertion of defendant's criminality (see, People v. Herold, 282 A.D.2d 1). The record fails to support defendant's remaining contention that the police immediately performed a "full-blown" search without first performing a less intrusive frisk.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.