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People v. Johnson

287 N.E.2d 378, 30 N.Y.2d 929, 335 N.Y.S.2d 684, 1972 N.Y. LEXIS 1137
New York Court of Appeals·Decided July 7, 1972·Published·Cited by 18 cases

Opinions

Order reversed and the information dismissed in the following memorandum: On the record before us, neither the stop nor the frisk of appellant was justified by reasonable suspicions on the part of the police. (Code Crim. Pro., § 180-a; Sibron v. New York, 392 U. S. 40; Terry v. Ohio, 392 U. S. 1.) Absent an articulable foundation for the entrenchment upon individual liberty and privacy which a stop and frisk entails, police suspicions remain merely ‘ ‘ hunches ’ ’ and are not reasonable within section 180-a of the Code of Criminal Procedure. (Cf. People v. Arthurs, 24 N Y 2d 688; People v. Taggart, 20 N Y 2d 335.) Accordingly, the conviction of appellant should be reversed and the information dismissed.

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People v. Johnson, 287 N.E.2d 378, 30 N.Y.2d 929, 335 N.Y.S.2d 684, 1972 N.Y. LEXIS 1137 (N.Y. 1972).

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People v. Johnson
287 N.E.2d 378 (New York Court of Appeals, 1972)