Opinion
March 31, 1992
Appeal from the Supreme Court, Bronx County, Bonnie Wittner, J., John Collins, J.
Contrary to defendant's claim on appeal, the police acted reasonably in approaching defendant for investigative inquiry when he was observed in close temporal and special proximity of a reported crime, and the visible portion of his body fit the description of a gun-toter supplied by the complaint of an identified citizen (see, e.g., People v Acevedo, 102 A.D.2d 336).
Escalating circumstances, including defendant's numerous furtive glances at the police car and his quickened pace as it approached, the officer's observation of defendant putting his hand into his right jacket pocket (the location of the reported gun) and a bulge in that pocket resembling a gun, justified the officer's precautionary action of holding his gun at his side, and direction to defendant that he remove his hand from his pocket (supra). Defendant's refusal to heed the officer's direction, given twice, justified the officer's actions in raising his gun, directing defendant's arm and hand away from the pocket, and conducting a frisk for safety (see, People v Francis, 108 A.D.2d 322, 325). Subsequent recovery of a gun from defendant's pocket justified his arrest (see, People v De Bour, 40 N.Y.2d 210).
Concur — Carro, J.P., Wallach, Asch, Smith and Rubin, JJ.