THE PEOPLE OF THE STATE OF NEW YORK, res, v. WAYMOND SCULLARK, def-ap
11-235. THE PEOPLE OF THE STATE OF NEW YORK, res, v. WAYMOND SCULLARK, def-ap — Judgment of conviction (Neil E. Ross, J.), rendered June 17, 2010, affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 NY2d 759 ). The circumstances of the street encounter, including defendant's furtive conduct in reaching down to his waistband and, along with his companion, abruptly changing direction upon seeing the police officers, provided the police with reasonable suspicion that criminal activity was afoot and triggered the common-law right of inquiry (see People v. Hollman, 79 NY2d 181, 185 ). When defendant, upon the officers' approach, refused to comply with their repeated directives that he take his hands out of his pockets and "crunch[ed] downward" to the right side of his body as if "holding onto something," the officers had a reasonable basis to fear for their safety and were warranted in removing defendants hands from his pockets and frisking him (see People v. Glover, 87 AD3d 1384 , lv denied 19 NY3d 960 ; People v. Robinson, 278 AD2d 808 , lv denied 96 NY2d 787 ). The officer's conduct in reaching into defendant's right front jacket pocket and removing the object detected during the frisk (found to be brass knuckles) was also justified in these circumstances as a reasonable protective measure (see People v. Johnson, 22 AD3d 371 , lv denied 6 NY3d 754 ; see also People v. Hensen, 21 AD3d 172 , lv denied 5 NY3d 828 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.