People v. Buckmon

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered February 19, 1992, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree.

On appeal, defendant’s primary contention is that County Court erred in refusing to suppress evidence of a holster found inside his coat pursuant to a stop and frisk and an inculpatory oral utterance made by defendant following his arrest. We disagree. The uncontroverted evidence adduced at a combined Huntley and Mapp hearing was that on March 21, 1991 at approximately 11:00 p.m.,…