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PEOPLE v. WILLIAMS

79 A.D.2d 147 (1981)

The People of the State of York, Respondent, v. David Williams, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 24, 1981

Attorney(s) appearing for the Case

John Van Der Tuin of counsel (William E. Hellerstein, attorney), for appellant.

Clare McCue of counsel (Jerrold Neugarten with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., CARRO and SILVERMAN, JJ., concur.

SULLIVAN, J.

We are asked to determine the propriety of a stop and frisk based upon the observation of a coat pocket bulge. Trial Term, after a hearing at which Police Officer Thomas Saville and defendant were the only witnesses, denied suppression.

On November 25, 1973, a Saturday night, Officer Saville, with two other officers, was assigned to an anticrime unit. At about 9:30 that evening the three officers, in plain

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