Opinion
February 8, 1999
Appeal from the Supreme Court, Queens County (Blumenfeld, J.).
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.