People v. Herrar

— Appeal by the. defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered April 15, 1983, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The police had a reasonable basis for stopping the defendant’s motorcycle since they had just observed him committing two traffic violations (see, People v Gooden, 111 AD2d 871 ). Upon approaching the defendant, two police officers observed him reaching toward his bulging jacket pocket. The officers were thus presented with a reasonable suspicion of danger so as to warrant the minimal intrusion of a frisk of the defendant (see, People v Benjamin, 51 NY2d 267 ). The subsequent seizure of the defendant’s gun was, therefore, proper.

Additionally, the defendant had previously been sentenced, on separate occasions, for two predicate violent felonies (see, Penal Law § 70.02). Therefore, even though he had never been