Opinion
October 16, 1995
Appeal from the Supreme Court, Kings County (Cozier, J.).
Ordered that the judgment is affirmed.
The police officer in question was justified in stopping the defendant since the officer possessed a reasonable suspicion that the defendant had committed a crime (see, People v. De Bour, 40 N.Y.2d 210, 223). Moreover, the officer was justified in pursuing the minimally-intrusive course of escorting the defendant back to the patrol car to be identified by the complainant (see, People v. Hicks, 68 N.Y.2d 234). The defendant's further assertion that the trial court's instructions to the jury regarding his failure to testify deprived him of a fair trial is unpreserved for appellate review (see, People v. Autry, 75 N.Y.2d 836), and, in any event, without merit (see, People v. Staley, 182 A.D.2d 846; People v. Davidson, 150 A.D.2d 717; People v. Ogle, 142 A.D.2d 608). Sullivan, J.P., O'Brien, Copertino and Krausman, JJ., concur.