PEOPLE v. PRICE (2008)

Judgment, Supreme Court, New York County (Richard D. Carruthers, J. at suppression hearing;  Gregory Carro, J. at plea and sentence), rendered March 8, 2006, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed.

The court properly denied defendant's suppression motion.  There is no basis for disturbing the 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 [1977] ).  The officer had reasonable suspicion to frisk defendant during a lawful traffic stop, where the officer observed a large bulge in defendant's pocket and defendant repeatedly disregarded the officer's requests that he keep his hands away from the bulge (see People v. Mims, 32 A.D.3d 800, 821 N.Y.S.2d 565 [2006];  People v. Fludd, 20 A.D.3d 351, 799 N.Y.S.2d 47 [2005], lv. denied 5 N.Y.3d 852, 806 N.Y.S.2d 172, 840 N.E.2d 141 [2005];  see also People v. Moret, 240 A.D.2d 321, 659 N.Y.S.2d 445 [1997], lv. denied 90 N.Y.2d 908, 663 N.Y.S.2d 520, 686 N.E.2d 232 [1997] ).  Defendant's hand movements with regard to the bulge were not innocuous, and they caused the officer to have a reasonable fear that defendant was preparing to draw a weapon.

We perceive no basis for reducing the sentence.