Opinion
194
February 7, 2002.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered September 15, 1998, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
MEREDITH BOYLAN, for respondent.
ANDREW C. FINE AMY DONNER, for defendant-appellant.
Before: Williams, J.P., Saxe, Ellerin, Lerner, Friedman, JJ.
Defendant's suppression motion was properly denied. At the very least, the police had a founded suspicion of criminality justifying a common-law inquiry, based upon the combination of defendant's extensive pattern of nervous behavior in a well-known drug location, his peculiar clutching of a large bulge in his pocket, and his statement, in response to a proper request for information, that he lived on a nearby street followed by his statement that he actually lived in New Jersey. While defendant argues on appeal that he merely "corrected himself" as to his residence, he clearly admitted lying, thus heightening the level of suspicion. When the officer asked him why he had lied, defendant started to step back, and this prompted a proper common-law inquiry concerning the contents of defendant's pockets (see, People v. Hollman, 79 N.Y.2d 181, 192-193;Matter of William J., 274 A.D.2d 343, 345). Defendant replied that he had cocaine in his pocket, resulting in his arrest.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.