Appellate Division of the Supreme Court of the State of New York August 18, 2011 (People v. Fernandez)

On April 25, 2009, at about 11:00 p.m., Police Officers Diaz, Walters and Bektashaj were on patrol in plain clothes in an *475unmarked car. While driving, Diaz’s attention was drawn to defendant because, even though it was an unusually warm night, he was wearing a brown sweatshirt with the hood over his head, and he was crouching behind an SUV and looking at two men.