Opinion
February 8, 1996
Appeal from the Family Court, Bronx County (Harold J. Lynch, J.).
The arresting officer testified at the suppression hearing that he observed what "appeared to be the outline of a medium sized handgun" in respondent's left rear pocket and "put [his] hand right through his back pocket", where he removed a gun. The Family Court found that based upon the observation of the outline of a weapon, the officer had reasonable suspicion to stop and frisk respondent and, therefore, denied the motion to suppress.
We find, however, that the testimony of the officer that he observed the "outline" of a gun was belied by the other, more credible evidence at the hearing. Since it "has all appearances of having been patently tailored to nullify constitutional objections" ( People v. Garafolo, 44 A.D.2d 86, 88), we refuse to credit that testimony.
Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Nardelli, JJ.