People v. Hardy

In People v. Hardy (146 AD2d 800), a robbery and shooting had occurred five minutes earlier. The defendant and his companion met the description of the perpetrators and were within some two blocks of the crime when apprehended. Under the circumstances and in view of the furtive behavior of the two, the police had reasonable suspicion that defendant had committed, or was about to commit, a crime, justifying pursuit by the officers. "The arresting officer's drawing of his gun as he approached the defendant did not convert the confrontation into an arrest, since this was a reasonable self-protective measure in light of the officer's knowledge that at least one of the perpetrators of the crime under investigation was armed and dangerous." (Supra, at 801 .)