Opinion
June 4, 1998
Appeal from the Supreme Court, New York County (Bernard Fried, J.).
Defendant's suppression motion was properly denied. The record supports the hearing court's finding that the stop of defendant's vehicle for an actual traffic violation was not pretextual. The frisk of the occupants was justified by their suspicious movements ( see, People v. Roth, 66 N.Y.2d 688). The officer's discovery of a gun in a passenger's waistband created probable cause to search the area under another passenger's seat, where the officer had seen that passenger attempt to place something ( see, People v. Ellis, 62 N.Y.2d 393).
Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.