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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAR BURKS, Appellant.

Defendant's suppression motion was properly denied. The officers had a reasonable basis for frisking defendant because they reasonably suspected defendant of committing a crime involving potentially dangerous instruments ( People v Moore, 32 NY2d 67, 72, cert denied 414 US 1011; People v Mack, 26 NY2d 311, 317, cert denied 400 US 960). The officers saw defendant in an area known for its high incidence of automobile break-ins, first crouching near a car with a shiny metal object in his hand and then kneeling inside the car looking throughout, after which defendant, after being asked whether the car was his, responded "not really".

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PEOPLE v. BURKS
(Jan 30, 1997)