People v. Higgins

We reject the defendant’s contention that the hearing court erred in denying that branch of his motion which sought suppression of a .22 caliber gun the defendant was charged with possessing because the arresting officer’s testimony allegedly was incredible as a matter of law. The hearing court credited the testimony of the arresting officer that at one point he observed the handle of the gun protruding "half way out” of the defendant’s jacket pocket and that at another point he observed the gun protruding "all the way out” of the defendant’s jacket pocket. Contrary to the defendant’s…