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Appellate Term, First Department: March 22, 2022

Appellate Term, First Department: March 22, 2022

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By: Edmead, P.J., Brigantti, Hagler, JJ.

19-075.    THE PEOPLE OF THE STATE OF NEW YORK, res, v. BOBBY FRIDAY, def-app — Judgment of conviction (Steven M. Statsinger, J.), rendered March 19, 2018, affirmed. The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v. Prochilo, 41 NY2d 759, 761 [1977]). The officers responded to a radio run of an incident in progress in a New York City Housing Authority building involving a man, described as wearing a black shirt and a “black ski mask” over his face, who was knocking on a resident’s apartment door with an “instrument” that “sounded like a gun.” When police arrived at the scene about one minute later, the officers immediately observed defendant, who matched the description, walking away from the building. Given the very close spatial and temporal proximity between the alleged robbery with a possible firearm and the encounter with defendant, the police had reasonable suspicion to stop and question defendant, and to pat him down (see People v. Ward, 161 AD3d 520 [2018], lv denied 32 NY3d 942 [2018]; People v. Petteway, 11 AD3d 318 [2004], lv denied 4 NY3d 747 [2004]). During the frisk, an officer felt a bulge in defendant’s waistband and properly removed the object, an imitation Sig Sauer firearm, for further inspection (see generally People v. Johnson, 22 AD3d 371 [2005], lv denied 6 NY3d 754 [2005]). All concur THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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