PEOPLE v. BATISTA

The police officer's actions in leaning through the window of the taxi to touch defendant's chest were justified by the taxi having run a red light, defendant's movements in the back seat, the officer's observation that defendant appeared to be wearing a bulletproof vest, and defendant's refusal to answer the officer's question as to what he was wearing ( People v. Clee, 89 A.D.2d 188, 190-191, appeal dismissed 61 N.Y.2d 899). When defendant, apparently realizing that the officer knew he was wearing a bulletproof vest, threw his hands to his sides in an attempt to conceal a bulge in his coat, the officer had a reasonable concern for his safety and thus a reasonable basis to search defendant ( People v. Clements, 88 A.D.2d 541, appeal dismissed 58 N.Y.2d 821). Accordingly, defendant's motion to suppress the gun found in his possession was properly denied.

Concur — Murphy, P.J., Ellerin, Wallach, Rubin and Tom, JJ.