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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL RIVAS, Defendant-Appellant.

Defendant's suppression motion was properly denied. Observation of a livery cab flashing its high beams and weaving from one lane to the other alerted the police to the possibility that something was wrong and gave them the authority to pull the cab over (People v. Blakely, 46 N.Y.2d 1026; People v. Otero, 255 A.D.2d 158). As the officer approached the cab, she observed defendant repeatedly looking out the back window and then bend his upper body toward the floor of the cab, at which time the driver requested police assistance. This combination of factors reasonably alerted the officer to the possibility of danger to herself and her fellow officer thereby authorizing removal of defendant from the cab and a limited frisk for weapons (see, People v. Benjamin, 51 N.Y.2d 267)

SULLIVAN, J.P., NARDELLI, TOM, MAZZARELLI, FRIEDMAN, JJ.

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PEOPLE v. RIVAS
(Oct 21, 1999)