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IN RE GEORGE G

Appellate Division of the Supreme Court of New York, First Department.
May 25, 2010
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The court properly denied appellant's suppression motion. There is no basis for disturbing the court's credibility determinations ( see People v Prochilo, 41 NY2d 759, 761). 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 NY2d 267, 271; People v De Bour, 40 NY2d 210, 221).