PEOPLE v. SMITH


252 A.D.2d 352 (1998)

675 N.Y.S.2d 70

The People of the State of New York, Respondent, v. Paul Smith, Also Known as Bryan Howard, Appellant

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

July 2, 1998


Defendant's suppression motion was properly denied. The officer's observation of a waistband bulge appearing to be a handgun, corroborated by a prior radio message, provided ample basis for the minimal intrusion of touching defendant's waistband, whereupon the officer felt the butt of the gun. We see no reason to disturb the court's credibility determinations (see, People v Prochilo, 41 N.Y.2d 759, 761).

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