SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
April 22, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ALAN WATSON, APPELLANT
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 19, 1967, convicting him, after a jury trial, of burglary in the third degree and petit larceny. This appeal has brought up for review an intermediate order of said court, made on November 23, 1966 after a hearing, which denied his motion to suppress certain evidence. Judgment and order affirmed.
Beldock, P. J., Christ, Brennan, Hopkins and Martuscello, JJ., concur.
In our opinion, the circumstances herein present a classic case sustaining a detention under the "Stop and Frisk" statute (Code Crim. Pro., § 180-a). We hold that a police officer, who responds to a radio patrol call and corners an alleged prowler after a chase, has reasonable grounds to detain the suspect for routine questioning and may require him to accompany the officer to the scene of the offense (see People v. Taggart, 20 N.Y.2d 335; People v. Peters, 18 N.Y.2d 238; cf. People v. Gallmon, 19 N.Y.2d 389). We have considered defendant's other contentions and find them to be without merit.
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