PEOPLE v. LORENZO (1998)

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered May 15, 1998, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a prison term of 6 months concurrent with a term of 5 years probation, unanimously affirmed.

 Defendant's suppression motion was properly denied.   Following a valid vehicle stop and defendant's own conduct in voluntarily stepping out of his vehicle, the officer's inquiry into the bulge beneath his waistband was permissible (see, People v. Prochilo, 41 N.Y.2d 759, 395 N.Y.S.2d 635, 363 N.E.2d 1380;  People v. De Bour, 40 N.Y.2d 210, 221, 386 N.Y.S.2d 375, 352 N.E.2d 562), as was the officer's subsequent inquiry as to the contents of the brown paper bag that the defendant voluntarily handed him (see, People v. Diaz, 232 A.D.2d 289, 648 N.Y.S.2d 562, lv. denied 89 N.Y.2d 944, 655 N.Y.S.2d 895, 678 N.E.2d 508;  People v. Brunson, 166 A.D.2d 204, 564 N.Y.S.2d 100).   These circumstances, at the very least, justified the officer's common-law inquiries.

MEMORANDUM DECISION.