People v. Lugo

Judgment, Supreme Court, New York County (Bernard J. Fried, J., at suppression hearing, plea and sentence) rendered June 29, 1989, convicting defendant of attempted criminal possession of a weapon in the third degree, and sentencing him as a second violent felony offender to a term of imprisonment of from 2 to 4 years, unanimously affirmed.

The arresting officer’s testimony at the suppression hearing, fully credited by the hearing court, that defendant was observed carrying a set of handcuffs as he approached the officer on a public street, justified a stop and inquiry (People v De Bour, 40…