PEOPLE v. JOHNSON


46 A.D.3d 838 (2007)

849 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY JOHNSON, Appellant.

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

Decided December 18, 2007.


Ordered that the judgment is affirmed.

At the suppression hearing, the arresting officer testified that while on patrol he saw, from a distance of approximately 10 to 15 feet, that the butt of a gun protruded from the defendant's left pants pocket. The defendant admitted he possessed the gun but denied that it was in his pocket, stating that it was in his belt, which was concealed by an oversized shirt and coat he was wearing. The hearing court credited the arresting...

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