People v. Thompson

228 A.D.2d 269, 644 N.Y.2d 31, 644 N.Y.S.2d 31, 1996 N.Y. App. Div. LEXIS 6717

Opinion

Defendant’s suppression motion was properly denied on the basis of police testimony that defendant was seen purchasing a holster and then seen repeatedly adjusting a bulge in his rear waistband where the outline of a gun was visible. These observations permitted the officers to immediately remove the weapon from defendant’s waistband (People v Prochilo, 41 NY2d 759; People v Lugo, 177 AD2d 427, lv denied 79 NY2d 949).

We have considered defendant’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Ellerin, Kupferman, Williams and Mazzarelli, JJ.