People v. Albright

Appellate Division of the Supreme Court of New York

People v. Albright

215 A.D.2d 175, 626 N.Y.S.2d 144, 1995 N.Y. App. Div. LEXIS 4949

Appellate Division of the Supreme Court of the State of New York·Decided May 9, 1995·Published

Opinion

Judgment, Supreme Court, New York County (Jerome Hornblass, J., at Mapp hearing and plea; Marcy Kahn, J., at sentencing), rendered July 8, 1993, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to 5 years probation, unanimously affirmed.

The citizen informant’s tip that he had seen a white man down the block, wearing a blue sweatshirt and blue jeans, place a silver handgun near his ankle, provided the police with a common law right to inquire when they immediately sighted a person matching the description, and with reasonable suspicion to conduct a stop and frisk when, in approaching defendant without speaking or making any threatening gestures, they observed a bulge around defendant’s ankle (see, People v Salaman, 71 NY2d 869). We find no basis to disturb the hearing court’s findings of fact, which turned largely on the witnesses’ credibility (see, People v Ward, 198 AD2d 170, Iv denied 82 NY2d 932). Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Williams, JJ.

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Judgment, Supreme Court, New York County (Jerome Hornblass, J., at Mapp hearing and plea; Marcy Kahn, J., at sentencing), rendered July 8, 1993, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to 5 years probation, unanimously affirmed.

The citizen informant’s tip that he had seen a white man down the block, wearing a blue sweatshirt and blue jeans, place a silver handgun near his ankle, provided the police with a common law right to inquire when they immediately sighted a person matching the description, and with reasonable suspicion to conduct a stop and frisk when, in approaching defendant without speaking or making any threatening gestures, they observed a bulge around defendant’s ankle (see, People v Salaman, 71 NY2d 869). We find no basis to disturb the hearing court’s findings of fact, which turned largely on the witnesses’ credibility (see, People v Ward, 198 AD2d 170, Iv denied 82 NY2d 932). Concur—Sullivan, J. P., Rosenberger, Ross, Asch and Williams, JJ.

People v. Albright, 215 A.D.2d 175, 626 N.Y.S.2d 144, 1995 N.Y. App. Div. LEXIS 4949 (N.Y. Ct. App. 1995).

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Opinion

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