Opinion
January 21, 1993
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
On May 19, 1990, an unnamed civilian informant entered police headquarters and told the police that there was a man with a gun, wearing red jeans and a black shirt on the corner of 180th Street and Anthony Avenue, and that he had seen the gun. Two officers in civilian clothes drove an unmarked car to the location and observed the defendant with an undefined bulge at the waistband. They exited their car, identified themselves as police and told the defendant not to move. The defendant fled into a nearby store and discarded his gun into a waste can in a bathroom at the rear of the store. The police, who were right behind the defendant, recovered the gun and arrested defendant.
Defendant's contention that the gun should have been suppressed is without merit. Reasonable reliance upon information from an unnamed civilian informant may provide the reasonable suspicion necessary for a stop of a suspect (People v. Fernandez, 182 A.D.2d 431, 432, lv denied 79 N.Y.2d 1049). Though the observation of the undefined bulge in the waistband of the defendant would not in and of itself suffice, here there were other indicia of criminal activity. Accordingly, pursuit of defendant was proper (People v. Martinez, 80 N.Y.2d 444; People v Leung, 68 N.Y.2d 734), and suppression of the gun recovered was properly denied.
Concur — Sullivan, J.P., Carro, Kupferman and Rubin, JJ.