People v. Smith (275 A.D.2d 687, 2000)

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered August 18, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 8 years to life, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no reason to disturb the hearing court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761). The hearing court properly found that there was a valid vehicle stop based on a traffic violation. The police were permitted to order defendant, a passenger, to exit the vehicle (see, People v Robinson, 74 NY2d 773, cert denied 493 US 966). Under the suspicious circumstances present, they were also permitted to touch defendant’s waistband bulge as a protective measure (People v Brunson, 166 AD2d 204). The officer’s subsequent inquiry about the bulge was permissible, and defendant’s reply indicating that he possessed a quantity of drugs provided probable cause for the officer to seize the object and recover the contents (see, People v Hollman, 79 NY2d 181; People v De Bour, 40 NY2d 210). Concur— Nardelli, J. P., Mazzarelli, Lerner, Andrias and Buckley, JJ.