The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations ( see People v Prochilo, 41 NY2d 759, 761). The combination of defendant's suspiciously evasive conduct, the officer's observation that defendant was carrying what was at the least a large and possibly dangerous knife, and defendant's acknowledgment, in response to a proper common-law inquiry, that he had a knife, permitted the officer to conduct a self-protective frisk ( see People v Batista, 88 NY2d 650, 654; People v Benjamin, 51 NY2d 267, 271; see also People v King, 102 AD2d 710, affd 65 NY2d 702).
N.Y. App. Div.
(Mar 17, 2009)
Copy Cite
60 A.D.3d 498
2009 N.Y. Slip Op. 1861
875 N.Y.S.2d 62
Case Information
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST BRANNON, Appellant.
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