PEOPLE v. OTTY

The frisk of defendant was not supported by a reasonable belief, based on specific and articulable facts, that defendant had committed or was about to commit a crime nor that he was armed and presently dangerous. Defendant's "mere propinquity to others independently suspected of criminal activity d[id] not, without more, give rise to probable cause to search [him]" ( Ybarra v Illinois, 444 U.S. 85, 91; Matter of Nelson S., 196 A.D.2d 422, 424-425). Thus, there was no legal basis for the frisk and the hearing court properly suppressed the gun recovered from defendant.

Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.