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THE PEOPLE, ETC., RESPONDENT, v. WOONBONG CHANG, APPELLANT. (IND. NO. 3123/98)

DECISION ORDER

ORDERED that the judgment is affirmed.

As the Court of Appeals has recognized, "a waistband bulge is telltale of a weapon" (People v. DeBour, 40 N.Y.2d 210, 221). Under the circumstances of this case, the police officers who entered a Queens topless bar to effectuate its closure for zoning violations were justified in patting down the defendant's waistband upon the observation of a bulge, as he attempted to leave the bar upon their arrival (see, People v. Hewitt, 247 A.D.2d 552; People v. Cox, 210 A.D.2d 497). Thus, the suppression court properly ruled that the gun and other evidence derived as a result of its discovery would be admissible at trial.

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PEOPLE v. CHANG
(Aug 21, 2000)