Opinion
January 12, 1987
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
Initially, the police officers had sufficient "reasonable suspicion" that criminal activity was afoot when they pulled over the car in which the defendant was a passenger. The officers had reason to believe that two persons sought for arrest on burglary charges may have been in the car (see, People v. Landy, 59 N.Y.2d 369; People v. Singleton, 41 N.Y.2d 402; People v. Finlayson, 76 A.D.2d 670, lv denied 51 N.Y.2d 1011, cert denied 450 U.S. 931). Once the car was stopped, the officers properly requested identification from the driver Williams, who had been linked to other crimes (see, People v. De Bour, 40 N.Y.2d 210). Without a request to do so, Williams exited the car and then the defendant inexplicably also attempted to do so. Officer Owens's protective reaction to the defendant's sudden and unexplained movement, which resulted in the discovery of the gun, was proper (see, People v. Benjamin, 51 N.Y.2d 267). Finally, the defendant's contention that his sentence was excessive is without merit. Rubin, J.P., Lawrence, Kooper and Spatt, JJ., concur.