Opinion
March 31, 1998
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
Defendant's suppression motion was properly denied. We see no reason to disturb the hearing court's credibility determinations, which are supported by the record ( see, People v. Prochilo, 41 N.Y.2d 459, 461). There was no evidence that the stop of the taxi cab (in which defendant was a passenger) for a traffic violation committed by the driver was pretextual since the officer testified that he did not notice the two passengers in the back seat until after the police had decided to stop the taxi cab for a traffic infraction ( see, People v. Washington, 238 A.D.2d 43). Upon approaching the taxi cab, the officer noticed defendant leaning forward with his hand inside a bag in front of him, whereupon the officer appropriately opened the back door and saw defendant clutching a black metal object, which he perceived to be a gun ( see, People v. Morales, 198 A.D.2d 129, lv denied 83 N.Y.2d 808). Since this combination of factors provided reasonable suspicion ( see, People v. Carvey, 89 N.Y.2d 707), the officer properly removed the bag from defendant's possession and, from its configuration, confirmed the officer's prior observation ( see, People v. Jackson, 79 N.Y.2d 907; People v. DeLaCruz, 242 A.D.2d 410). The police then properly arrested defendant and searched the bag ( People v. Cartagena, 189 A.D.2d 67, 72, lv denied 81 N.Y.2d 1012).
Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Saxe, JJ.