People v. Driscoll

*1467To conduct a protective pat frisk, an 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 Caicedo, 69 AD3d 954, 954 [2010], lv denied 14 NY3d 886 [2010], quoting People v Batista, 88 NY2d 650, 654 [1996]; see People v Siler, 288 AD2d 625, 626 [2001], lv denied 97 NY2d 709 [2002]). Here, in concluding that the officers were justified in conducting the frisk, County Court relied on the probable cause to arrest defendant for the noise violation, his parole status and the suspicious…