People v. Cruz

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the conviction reinstated, and the case remitted to the Appellate Division for review of the facts.

The observations made by the police and the defendant’s furtive movements as the police approached were sufficient to warrant inquiry (People v De Bour, 40 NY2d 210). Under the circumstances we cannot say that it was unreasonable for the officers to focus their inquiry on the contents of the defendant’s hand and therefore to ask that he remove the bottle which he held as they approached. Removal of the bag of…