Opinion
April 16, 1992
Appeal from the Supreme Court, New York County, Richard Failla, J.
As defendant walked toward his car, the officer viewed a "huge bulge" in the shape of a gun handle in defendant's waistband. The officer then told the defendant to place his hands on the car. The defendant failed to comply, at which point the officer grabbed the defendant. A struggle ensued during which defendant tossed a loaded Colt .45 automatic pistol.
The observance of a bulge outlining the handle of a gun constitutes a reasonable suspicion to stop and frisk. Since the testimony at the hearing showed that the officer viewed a bulge outlining the handle of a type of pistol well known to him, the police conduct was justified (see, People v Benjamin, 51 N.Y.2d 267, 271).
Concur — Murphy, P.J., Rosenberger, Wallach and Rubin, JJ.