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The People of the State of New York, Respondent, v. Herbert Thompson, Appellant

New York Supreme Court, Appellate Division1996-06-13
228 A.D.2d 269644 N.Y.S.2d 31

Authorities cited

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Opinion

majority 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.