Opinion
May 27, 1997
Appeal from the County Court, Dutchess County (Dolan, J.).
Ordered that the judgment and the resentence are affirmed.
Under the circumstances of this case, the police officer was justified in approaching the defendant initially to request information (see, People v. Hollman, 79 N.Y.2d 181; People v. De Bour, 40 N.Y.2d 210; People v. Wells, 226 A.D.2d 406). The police officer had reasonable suspicion that criminal activity was underway, justifying the defendant's detention (see, People v Martinez, 80 N.Y.2d 444; CPL 140.50). Under the circumstances of this case, the police officer was also justified in frisking the defendant for weapons (see, People v. Batista, 88 N.Y.2d 650; People v. Perolta-Rua, 179 A.D.2d 1051; People v. Mateo, 122 A.D.2d 229; CPL 140.50).
The court did not improvidently exercise its discretion in adjudicating the defendant a persistent felony offender (see, People v. Dell'Orfano, 217 A.D.2d 588), and the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Rosenblatt, J.P., Thompson, Sullivan and Friedmann, JJ., concur.