An officer saw defendant "take his arm from the waistband area of his body, move his arm upwards and then put his arm forward into the center area of the car" and advised her partner that defendant was "doing something in the center." Her partner then saw defendant closing the center console compartment. After being ordered out of the car, defendant appeared "very nervous" and gave an inconsistent answer as to where he was coming from.
Just before midnight on December 1, 2004, in a deserted area near the West Side Highway and 125th Street, a New York Police Department anticrime team lawfully stopped a vehicle for a traffic violation. As one of the officers, a 15-year veteran of the 332*332 Department who had made over 500 arrests, approached the vehicle, he saw defendant, who was the passenger, and the other occupant of the car bend over and appear to pass something between them. Defendant then quickly put his hands in his pockets. In addition, he was visibly nervous in that his hand shook as he handed the officer his identification. This flurry of furtive, suspicious conduct gave the officer a reasonable suspicion that defendant might be concealing a weapon, thereby justifying a frisk (see e.g. People v Crespo, 292 AD2d 177 , lv denied 98 NY2d 709 ), notwithstanding any possible innocent explanations for defendant's individual actions.
When the officer asked what the object was, defendant replied that it was narcotics, and that response provided probable cause for defendant's arrest. There is no merit to defendant's argument that the officer was required to administer Miranda warnings before making that inquiry. While defendant may have been seized for Fourth Amendment purposes, he was not yet in custody for Miranda purposes
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