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PEOPLE v. HALL

Appellate Division of the Supreme Court of New York, First Department.
Nov 1, 2005
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Defendant's suppression motion was properly denied. The evidence establishes that the police had reasonable suspicion justifying their seizure of defendant, who met a detailed description of a man carrying a gun. The information the police relied on came from a source that was not anonymous, but rather had identifying characteristics that rendered it reliable, including a partial name and callback number ( see People v. Herold, 282 AD2d 1, 5-6, lv denied 97 NY2d 682; compare Florida v. J.L., 529 US 266). Furthermore, this information was corroborated by defendant's conduct, which was suggestive of criminality. When the officer confronted defendant in a store, defendant turned toward the officer while moving his hand toward his waistband ( see People v. Benjamin, 51 NY2d 267, 270-271; People v. Jenkins, 292 AD2d 188, lv denied 98 NY2d 711). Accordingly, the officer lawfully grabbed defendant's hand as a self-protective measure, and, in doing so, observed a knife in defendant's waistband. This observation led to the lawful recovery of the knife and other contraband.