Opinion
May 20, 1991
Appeal from the Supreme Court, Kings County (Grajales, J.).
Ordered that the judgment and amended judgment are affirmed.
The sole witness at the suppression hearing was the arresting officer who testified that while he was patrolling the Albee Square Mall in Brooklyn, he observed a large bulge, which he perceived to be a gun, in the back waistband of the defendant's pants when the defendant leaned forward to play a pinball machine. In addition, the officer testified that he was also able to see about half the length of the butt of a gun. Under these circumstances, the stop of the defendant and the recovery of a .38 caliber revolver from the waistband behind the defendant's back was proper (see, People v Prochilo, 41 N.Y.2d 759; People v Rodriguez, 164 A.D.2d 824; People v Cruz, 158 A.D.2d 293; People v Rivera, 121 A.D.2d 166, affd 68 N.Y.2d 786; see also, People v King, 165 A.D.2d 835; People v Milliner, 146 A.D.2d 717). We discern no basis for disturbing the suppression court's finding that the officer's testimony was credible (see, People v Tromp, 160 A.D.2d 750; People v Cruz, supra; People v Rivera, supra).
In view of our determination, there is no basis for vacatur of the plea under Indictment No. 2611/86 (cf., People v Clark, 45 N.Y.2d 432). Kunzeman, J.P., Balletta, Miller and O'Brien, JJ., concur.