In re Alphonso J.

Appellate Division of the Supreme Court of New York

In re Alphonso J.

157 A.D.2d 493, 549 N.Y.S.2d 681, 1990 N.Y. App. Div. LEXIS 157

Appellate Division of the Supreme Court of the State of New York·Decided January 11, 1990·Published·Cited by 2 cases

Opinion

Order, Family Court, Bronx County (Rita Bolstad, J.), entered on or about January 26, 1989, which, following a fact-finding hearing, determined that appellant committed an act which if committed by an adult would constitute criminal possession of a weapon in the fourth degree and adjudicated him a juvenile delinquent and placed him on probation for 12 months, is unanimously affirmed, without costs.

Appellant was a passenger in a livery cab which was lawfully pulled over pursuant to a traffic violation. (People v Ingle, 36 NY2d 413 [1975].) Appellant was then observed making a motion pushing down on a bulge in the waistband of his pants as if to conceal it from the officer’s view. The bulge looked like the handle of a gun, described as the "flat part with a ridge for where the handle would come back” and the flat-surfaced bulge was four inches across. Such observation provided reasonable suspicion on the part of the officer that appellant presented a danger to the officer’s safety or the safety of others. (Terry v Ohio, 392 US 1, 27; People v Smith, 93 AD2d 432 [1st Dept 1982].)

Further, the courts of this State have recognized the danger to police in making a lawful traffic stop, allowing an officer to order the passengers to exit the vehicle as a safety measure. (People v Robinson, 140 AD2d 723 [2d Dept], affd 74 NY2d 773 [1989].) Concur—Sullivan, J. P., Carro, Wallach, Smith and Rubin, JJ.

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Order, Family Court, Bronx County (Rita Bolstad, J.), entered on or about January 26, 1989, which, following a fact-finding hearing, determined that appellant committed an act which if committed by an adult would constitute criminal possession of a weapon in the fourth degree and adjudicated him a juvenile delinquent and placed him on probation for 12 months, is unanimously affirmed, without costs.

Appellant was a passenger in a livery cab which was lawfully pulled over pursuant to a traffic violation. (People v Ingle, 36 NY2d 413 [1975].) Appellant was then observed making a motion pushing down on a bulge in the waistband of his pants as if to conceal it from the officer’s view. The bulge looked like the handle of a gun, described as the "flat part with a ridge for where the handle would come back” and the flat-surfaced bulge was four inches across. Such observation provided reasonable suspicion on the part of the officer that appellant presented a danger to the officer’s safety or the safety of others. (Terry v Ohio, 392 US 1, 27; People v Smith, 93 AD2d 432 [1st Dept 1982].)

Further, the courts of this State have recognized the danger to police in making a lawful traffic stop, allowing an officer to order the passengers to exit the vehicle as a safety measure. (People v Robinson, 140 AD2d 723 [2d Dept], affd 74 NY2d 773 [1989].) Concur—Sullivan, J. P., Carro, Wallach, Smith and Rubin, JJ.

In re Alphonso J., 157 A.D.2d 493, 549 N.Y.S.2d 681, 1990 N.Y. App. Div. LEXIS 157 (N.Y. Ct. App. 1990).

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Opinion

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