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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH PALUMBO, Appellant.

Ordered that the judgment is affirmed.

The hearing court properly declined to suppress the defendant's response to the arresting officer's inquiry concerning the location of a gun. The officer's inquiry was justifiable for safety reasons and did not violate the defendant's constitutional right against self-incrimination (see, New York v. Quarles, 467 U.S. 649, 658-669; see also, People v. Perez, 167 A.D.2d 308, 309; People v. Hawthorne, 160 A.D.2d 727, 728; cf., People v. Johnson, 59 N.Y.2d 1014, 1016; People v. Huffman, 41 N.Y.2d 29, 33-35).

We find that the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Balletta, J.P., Pizzuto, Altman and Hart, JJ., concur.

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PEOPLE v. PALUMBO
(Nov 14, 1994)