People v. Rodriguez

Judgment, Supreme Court, New York County (Richard D. Carruthers, J., at hearing, trial and sentence), rendered October 21, 1987, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree (Penal Law § 265.02) and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of 3 Vi to 7 years, unanimously affirmed.

At 3:00 a.m. while stopped at a traffic light on 44th Street and Ninth Avenue, two police officers in plain clothes observed the defendant lift the waistline of his jacket, reveal a gun and tuck the gun back into his…