Opinion
October 30, 2001.
Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered January 29, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of 1 year, unanimously affirmed.
Barbara Jane Hutter, for respondent.
Edward S. Graves, for defendant-appellant.
Before: Williams, J.P., Andrias, Wallach, Lerner, Marlow, JJ.
Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761). The court properly credited testimony that clearly established the legality of the vehicle stop based on a traffic violation, as well as the legality of the ensuing frisk based upon defendant's suspicious movements and the officer's observation of a bulge in defendant's pocket resembling a weapon. Further, defendant's inculpatory statement, made after the arresting officer's Miranda warning, was properly found admissible.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.