PEOPLE v. WRIGHT (1998)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Floyd WRIGHT, Defendant-Appellant.

Decided: September 29, 1998

Before SULLIVAN, J.P., and NARDELLI, RUBIN, TOM and MAZZARELLI, JJ.

David A. Shimkin, for respondent. Denise Fabiano, for defendant-appellant.

Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered October 9, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

Defendant's suppression motion was properly denied. Defendant was seen by one of the arresting officers with his pants pocket weighted down by an “L-shaped” object, which the arresting officer believed to be the outline of a gun. The arresting officer's observation provided reasonable suspicion to believe that defendant was armed and dangerous, and justified the officer's brief question and minimally intrusive patdown of defendant's pants pocket (People v. Prochilo, 41 N.Y.2d 759, 762, 395 N.Y.S.2d 635, 363 N.E.2d 1380). We see no reason to disturb the court's credibility determinations, which are supported by the record (see, People v. Prochilo, supra, at 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380).

MEMORANDUM DECISION.

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