PEOPLE v. SMITH (2000)

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered August 18, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 8 years to life, unanimously affirmed.

 Defendant's suppression motion was properly denied.   There is no reason to disturb the hearing court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380).   The hearing court properly found that there was a valid vehicle stop based on a traffic violation.   The police were permitted to order defendant, a passenger, to exit the vehicle (see, People v. Robinson, 74 N.Y.2d 773, 545 N.Y.S.2d 90, 543 N.E.2d 733, cert. denied 493 U.S. 966, 110 S.Ct. 411, 107 L.Ed.2d 376).   Under the suspicious circumstances present, they were also permitted to touch defendant's waistband bulge as a protective measure (People v. Brunson, 166 A.D.2d 204, 564 N.Y.S.2d 100).   The officer's subsequent inquiry about the bulge was permissible, and defendant's reply indicating that he possessed a quantity of drugs provided probable cause for the officer to seize the object and recover the contents (see, People v. Hollman, 79 N.Y.2d 181, 581 N.Y.S.2d 619, 590 N.E.2d 204;  People v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.E.2d 562).

MEMORANDUM DECISION.