People v. Holmes

Respectfully dissenting, I vote to reverse and reinstate the conviction that rests on defendant’s plea of guilty to possession of drugs.

Police officers, patrolling in a car in the afternoon of December 23, 1989 near a "known narcotics location” in upper Manhattan, observed defendant with several other persons. One officer recognized several of the men as having been previously arrested for drug transactions at the same location. The officers noticed a "large bulge” in the right pocket of defendant’s leather jacket. As the patrol car approached, defendant began to back off from the group and…