On August 2, 1988, the defendant was seen by one of the arresting officers with the clearly defined outline of a gun at his waistband. Both the officers testified as to the defendant's unusual action in taking the towel from an ice cream vendor's cart in an attempt to cover the gun outline under his shirt.
Where there is a defined bulge in the outline or configuration of a gun, a search pursuant to CPL 140.50 is proper. (People v Taveras, 155 A.D.2d 131, appeal dismissed 76 N.Y.2d 871; People v Blackman, 61 A.D.2d 916.) The testimony at the suppression hearing raised credibility issues and upon this record we find no reason to interfere with the hearing court's factual findings.
Concur — Carro, J.P., Ellerin, Wallach, Kupferman and Kassal, JJ.