People v. Barry

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Schneier, J.), rendered March 12, 1985, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The arresting officer had independent probable cause to search the defendant since he observed the defendant holding a tightly wrapped paper bag in which could be distinguished the butt of a gun (see, People v Prochilo, 41 NY2d 759). Furthermore, contrary to the defendant’s assertion, we find that the testimony of the arresting…