Ordered that the judgment is affirmed.
The hearing court properly determined that the police officer who stopped the defendant had reasonable suspicion that the defendant was engaged in criminal activity ( see, People v. Hicks, 68 N.Y.2d 234; People v. Cummings, 245 A.D.2d 462). The officer's decision to draw his weapon before approaching the defendant did not elevate the initial encounter into an arrest ( see, People v. Chestnut, 51 N.Y.2d 14, 21, cert denied 449 U.S. 1018; People v. Price, 194 A.D.2d 634). Nevertheless, the defendant's statement to the officer upon being detained provided the officer with the probable cause necessary to place the defendant under arrest ( see, People v. Pineus, 184 A.D.2d 666).
Additionally, we note that the court did not improvidently exercise its discretion in adjudicating the defendant a persistent felony offender. The record reveals that the court was aware of the relevant factors to be considered and its determination is amply supported by the record ( see, People v. Jones, 134 A.D.2d 451; People v. Drummond, 104 A.D.2d 825; People v. Oliver, 96 A.D.2d 1104, affd 63 N.Y.2d 973). Moreover, the court complied with the mandates of CPL 400.20 in holding the persistent felony offender hearing.
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Rosenblatt, J. P., Miller, Copertino and Santucci, JJ., concur.