PEOPLE v. CEPHAS (1997)

Judgment, Supreme Court, New York County (Murray Mogel, J., at hearing;  Felice Shea, J., at jury trial and sentencing), rendered January 13, 1995, convicting defendant of criminal possession of a weapon in the third degree and criminal contempt in the second degree, and sentencing him to concurrent prison terms of 2 to 6 years and 1 year, respectively, unanimously affirmed.

 Defendant's suppression motion was properly denied.   The police had reasonable suspicion to stop and detain defendant, who matched the radio transmission, received seconds earlier, of a black male wearing a brown jacket, and who was the only person in the vicinity (see, People v. Tucker, 223 A.D.2d 424, 636 N.Y.S.2d 759), other than a man and a woman who were both standing on the steps of the building indicated in the radio run and were pointing at the defendant and telling the police “that's him” (see, People v. Dickerson, 238 A.D.2d 147, 655 N.Y.S.2d 48).   The police were also justified in frisking defendant for their own safety, since the radio run indicated that defendant was armed with a gun (see, People v. De Bour, 40 N.Y.2d 210, 223, 386 N.Y.S.2d 375, 352 N.E.2d 562).   We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.