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People v. Thompson

228 A.D.2d 269 Court N.Y. App. Div. Decision date 1996-06-13 English

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p. 269
The People of the State of New York, Respondent, v Herbert Thompson, Appellant.
[644 NYS2d 31]

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.

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