In People v. Almonte, 30 Misc. 3d 1234[A], 927 N.Y.S.2d 818, 2011 NY Slip Op 50356 [U], the police observed the defendant exit the building which was located in a high crime area known for drugs and robberies.
The defendant was seen grabbing his waistband and shifting his gaze back and forth from the officer to his waistband. As the officer approached him, the defendant took off running. As the officer was pursuing the defendant, he observed the defendant attempt to throw a clear plastic bag containing white powder over a fence.
The court held that even the location of the building in a high crime area was not enough alone to justify the approach because there was no indication prior to the officer's appearance that the defendant was a trespasser, engaged in any other criminal activity or any other objective credible reason for approaching the defendant.
In that case, the motion to suppress was granted.