IN RE: GREGORY B.

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Supreme Court, Appellate Division, First Department, New York.

IN RE: GREGORY B., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: October 22, 1998

Before NARDELLI, J.P., RUBIN, TOM and MAZZARELLI, JJ. Patricia S. Colella, for Appellant. Helen P. Brown, for Presentment Agency.

Order of disposition, Family Court, New York County (Leah Marks, J.), entered on or about June 11, 1997, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under sixteen, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

 The court properly denied appellant's motion to suppress.   A common-law inquiry was warranted by the facts that appellant, together with his companion, matched a sufficiently specific joint description of two youths who had committed a robbery the day before, and were observed in close proximity to the crime scene (see, People v. Russ, 61 N.Y.2d 693, 472 N.Y.S.2d 601, 460 N.E.2d 1086).   Then, when appellant attempted to shield himself from the view of the officers, had his hand near his waistband, and was observed to have a large heavy bulge in his pocket, the police had a reasonable basis to believe that he had a gun in his possession and that the officers were in danger, thus justifying a frisk (see, People v. Benjamin, 51 N.Y.2d 267, 434 N.Y.S.2d 144, 414 N.E.2d 645).

MEMORANDUM DECISION.