People v. Smith

—Judgment, Supreme Court, New York County (George Daniels, J.), rendered February 23, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 8 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. When the police observed defendant engaging in suspicious behavior, including adjustment of his waistband, in a drug prone location, and observed a large bulge with the shape of a weapon in his waistband (see, People v De Bour, 40 NY2d 210, 221), they at least had a…