| Matter of George G. |
| 2010 NY Slip Op 04450 [73 AD3d 624] |
| May 25, 2010 |
| Appellate Division, First Department |
| In the Matter of George G., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), forpresentment agency.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on orabout June 11, 2009, which adjudicated appellant a juvenile delinquent upon his admission thathe committed the act of unlawful possession of a weapon by a person under 16, and imposed aconditional discharge for a period of 12 months, unanimously affirmed, without costs.
The court properly denied appellant's suppression motion. There is no basis for disturbingthe court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]).The court credited the arresting officer's testimony that at night in a high crime area, the officersaw a bulge in appellant's waistband whose shape was consistent with the grip of a pistol. Inaddition, as the police approached, appellant adjusted his waistband at the site of the bulge,walked to a nearby pay phone and appeared to be positioning his body in an effort to conceal theside where the bulge was located. This combination of factors provided reasonable suspicionjustifying a stop and frisk (see People v Benjamin, 51 NY2d 267, 271 [1980]; Peoplev De Bour, 40 NY2d 210, 221 [1976]). Concur—Mazzarelli, J.P., Sweeny, Catterson,Renwick and Manzanet-Daniels, JJ.