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PEOPLE v. CAICEDO

2007-11773

69 A.D.3d 954 (2010)

893 N.Y.S.2d 609

2010 NY Slip Op 699

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS CAICEDO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 26, 2010.

Ordered that the judgment is affirmed.

In order to justify a frisk or "pat-down" of a suspect's outer clothing, a police officer must have "knowledge of some fact or circumstance that supports a reasonable suspicion that the suspect is armed or poses a threat to safety" (People v Batista, 88 N.Y.2d 650, 654 [1996]; see People v De Bour, 40 N.Y.2d 210, 223 [1976]; CPL 140.50 [1],...

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