PEOPLE, res, v. HAROLD WILLIAMS, def-ap

11005. PEOPLE, res, v. HAROLD WILLIAMS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Cheryl Andrada of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for res — Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.H.O. at suppression hearing; Harold Adler, J. at suppression ruling; Robert A. Neary, J. at jury trial and sentencing), rendered July 18, 2011, convicting defendant of two counts of criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of seven years, unanimously affirmed.

The court properly denied defendant’s suppression motion. The record supports the court’s finding that an officer recovered a pistol from defendant by way of a lawful stop and frisk based on reasonable suspicion. A fair reading of the record fails to support defendant’s assertion that the officer’s conduct exceeded the proper bounds of a frisk. On the contrary, the evidence demonstrates that the officer removed a pistol from defendant’s waistband only after the officer made contact with the grip of the pistol, and thus confirmed that it was a weapon. Moreover, based on the information known to the officer before he made physical contact with defendant, including the officer’s observation of a pistol-shaped bulge, he not only had reasonable suspicion that defendant was carrying a weapon, but knew exactly where the weapon was located. Accordingly, it was reasonable for the officer to make an immediate seizure as a safety measure (see People v. Taggart, 20 NY2d 335, 342-343 [1967], appeal dismissed 392 US 667 [1968]).