PEOPLE v. HALL (2005)

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered March 26, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3 years, unanimously affirmed.

Defendant's suppression motion was properly denied.   The evidence establishes that the police had reasonable suspicion justifying their seizure of defendant, who met a detailed description of a man carrying a gun.   The information the police relied on came from a source that was not anonymous, but rather had identifying characteristics that rendered it reliable, including a partial name and callback number (see People v. Herold, 282 A.D.2d 1, 5-6, 726 N.Y.S.2d 65 [2001], lv. denied 97 N.Y.2d 682, 738 N.Y.S.2d 298, 764 N.E.2d 402 [2001];  compare Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 [2000] ).   Furthermore, this information was corroborated by defendant's conduct, which was suggestive of criminality.   When the officer confronted defendant in a store, defendant turned toward the officer while moving his hand toward his waistband (see People v. Benjamin, 51 N.Y.2d 267, 270-271, 434 N.Y.S.2d 144, 414 N.E.2d 645 [1980];  People v. Jenkins, 292 A.D.2d 188, 738 N.Y.S.2d 345 [2002], lv. denied 98 N.Y.2d 711, 749 N.Y.S.2d 8, 778 N.E.2d 559 [2002] ).   Accordingly, the officer lawfully grabbed defendant's hand as a self-protective measure, and, in doing so, observed a knife in defendant's waistband.   This observation led to the lawful recovery of the knife and other contraband.