In People v. Warren, 205 AD2d 368, 613 NYS2d 375 (1st Dept, 1994), defendant was observed "holding a jacket in his left hand and tugging at an object in his waistband with his right hand."
After observing the officers, the defendant "draped his jacket over his right shoulder...concealing his hands and the right side of his body."
The officer approached the defendant, and asked him to show his hands. "Only after the third request did defendant do so."
Under these circumstances, the First Department ruled that "it would be unrealistic to require the officer to assume the risk that defendant's conduct was innocuous or innocent." (205 AD2d at 369.)