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PEOPLE v. ARPS

293 A.D.2d 260 (2002)

739 N.Y.S.2d 268

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS ARPS, Appellant.

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

Decided April 2, 2002.

Defendant's suppression motion was properly denied. The police officer's observation of a bulge in defendant's waistband, as well as what appeared to be the protruding handle of a gun, provided reasonable suspicion to stop defendant (People v Prochilo, 41 N.Y.2d 759, 763). The record fails to support defendant's claim that the officer's view was obstructed so he could not have made these observations prior to stopping defendant....

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