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PEOPLE v. SMITH

292 A.D.2d 280 (2002)

739 N.Y.S.2d 697

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 26, 2002.

Defendant's suppression motion was properly denied. The circumstances facing the police officers provided them with a reasonable suspicion that defendant had committed the crime of burglary, justifying a protective frisk (see, People v Mack, 26 N.Y.2d 311, cert denied 400 U.S. 960). Defendant matched the general description of a local burglary suspect, he was seen entering and leaving a succession of apartment buildings in...

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