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PEOPLE v. WILSON

Appellate Division of the Supreme Court of New York, Second Department.
Feb 8, 1999
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Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err in denying suppression of a handgun seized from his person. The initial encounter between the police and the defendant, who had been identified as the party responsible for a homicide, was no more than a request for information ( see, People v. Hollman, 79 N.Y.2d 181; People v. Jackson, 249 A.D.2d 327). Thus, when the defendant suddenly reached for a bulge in his waistband that an officer believed to be a gun, that officer acted reasonably in taking measures to preserve his own safety and in grabbing the gun ( see, People. v. Benjamin, 51 N.Y.2d 267; People v. Perez, 161 A.D.2d 810).

The defendant knowingly and intelligently waived his right to a jury trial ( see, People v. Soyouzov, 235 A.D.2d 439; People v. Mettler, 147 A.D.2d 849; People v. Aponte, 144 A.D.2d 679).

The sentence imposed was neither unduly harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

Miller, J. P., Ritter, Goldstein and Luciano, JJ., concur.