People v. Prochilo

Hopkins, Acting P. J. (dissenting).

I dissent and vote to reverse the judgment, vacate the plea, grant the motion to suppress and dismiss the indictment.

This appeal involves again the issue of a search following the observation of a "bulge” in the clothing of the defendant— an issue with which this court is becoming increasingly familiar (see People v Grant, 53 AD2d 618), as has become the Appellate Division, First Department (see People v Derrick, 48 AD2d 620; People v Batino, 48 AD2d 619; People v Lewis, 49 *199AD2d 558; People v Graves, 49 AD2d 844; People v Towers, 49 AD2d 839; People v King,…