People v. Pettis

195 A.D.2d 421, 600 N.Y.S.2d 713, 1993 N.Y. App. Div. LEXIS 7622

Opinion

Judgment, Supreme Court, Bronx County (John E. H. Stackhouse, J.), rendered June 25, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of five years probation, unanimously affirmed.

The arresting officer, who observed defendant for approximately 30 minutes at a deserted subway station, stepping on and off the rear car of three successive subway trains, acted reasonably in approaching him for an explanation of his conduct (CPL 140.50 [1]), and in thereafter conducting a protective frisk when defendant immediately put his left hand inside his left jacket pocket and refused to remove it when requested (CPL 140.50 [3]; People v De Bour, 40 NY2d 210, 223). Concur—Murphy, P. J., Sullivan, Carro and Kupferman, JJ.