In re George G.
| Decision Date | 25 May 2010 |
| Citation | 900 N.Y.S.2d 862,73 A.D.3d 624 |
| Parties | In re GEORGE G., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency |
| Court | New York Supreme Court — Appellate Division |
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for presentment agency.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about June 11, 2009, which adjudicated appellant a juvenile delinquent upon his admission that he committed the act of unlawful possession of a weapon by a person under 16, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.
The court properly denied appellant's suppression motion. There is no basis for disturbing the court's credibility determinations ( see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). The court credited the arresting officer's testimony that at night in a high crime area, the officer saw a bulge in appellant's waistband whose shape was consistent with the grip of a pistol. In addition, as the police approached, appellant adjusted his waistband at the site of the bulge, walked to a nearby pay phone and appeared to be positioning his body in an effort to conceal the side where the bulge was located. This combination of factors provided reasonable suspicion justifying a stop and frisk ( see People v. Benjamin, 51 N.Y.2d 267, 271, 434 N.Y.S.2d 144, 414 N.E.2d 645 [1980]; People v. De Bour, 40 N.Y.2d 210, 221, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976] ).
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