—Judgment unanimously affirmed. Memorandum: The suppression court properly denied defendant’s motion to suppress physical evidence seized from defendant at the time of his arrest. Defendant was observed by a police officer in an area of high drug activity, approaching several cars that had pulled over to the curb, talking with the occupants, reaching in with his hands, and then walking away. Those facts furnished the police with an objective, credible reason to approach defendant for the purpose of making inquiry (see, People v Sierra, 83 NY2d 928, 930; People v De Bour, 40 NY2d 210, 223). The conduct of defendant in
We reject defendant’s contention that the trial court erred in instructing the jury not to consider the lack of fingerprint evidence. There was no testimony concerning fingerprints or the lack thereof. Therefore, the court properly sustained the prosecutor’s objection to defense counsel’s comment on summation that no fingerprint tests were conducted on the paper bag or the plastic bags inside the paper bag and properly instructed the jury "not to speculate on the issue of fingerprints” (see, People v Hernandez, 143 AD2d 842, 844, lv denied 73 NY2d 892). (Appeal from Judgment of Supreme Court, Monroe County, Wisner, J.—Criminal Possession Controlled Substance, 3rd Degree.) Present—Green, J. P., Pine, Fallon, Callahan and Davis, JJ.