Opinion
5635
December 18, 2001.
Judgment, Supreme Court, New York County (Rena Uviller, J. at hearing; Jeffrey Atlas, J. at plea and sentence), rendered November 9, 1999, convicting defendant of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 6½ years, unanimously affirmed.
David Aaron, for respondent.
Norman Steiner, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Rubin, JJ.
Defendant's motion to suppress was properly denied. After the police received a radio transmission that an armed robbery had just taken place in a nearby jewelry store, which included the perpetrators' direction of flight, an unidentified citizen informant stopped them near the robbery location to report the whereabouts of one of the perpetrators. The officers could consider that information reliable because they were able to assess the informant's credibility in a face-to-face encounter (see,People v. Acosta, 264 A.D.2d 630, lv denied 94 N.Y.2d 859). After an identified citizen informant also pointed to defendant, the officers had, at least, reasonable suspicion that defendant had been involved in the robbery a few minutes earlier (see, People v. Kyle, 254 A.D.2d 134, lv denied 92 N.Y.2d 1051). The ensuing gunpoint stop, frisk and forcible detention of defendant was justified (id.;People v. Thomas, 247 A.D.2d 284, lv denied 92 N.Y.2d 906) and was not an arrest (see, People v. Allen, 73 N.Y.2d 378).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.