People v. Smith

Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered June 28, 2000, convicting defendant, after a jury trial, of burglary in the second degree and possession of burglar’s tools, and sentencing him, as a second violent felony offender, to concurrent terms of nine years and one year, respectively, unanimously affirmed.

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 NY2d 311, cert…