People v. Kinsella

I respectfully disagree and would affirm the judgment. While I agree with the majority that at the time of the initial police encounter Lieutenant Frey lacked reasonable suspicion to believe that defendant was engaged in criminal activity, I cannot conclude that immediately prior to the frisk, the circumstances did not warrant a protective frisk.

At the time defendant was initially detained, the police officer had a founded suspicion that criminal activity was afoot and had a right to inquire (People v De Bour, 40 NY2d 210, 223; People v Cantor, 36 NY2d 106, 112-113). After defendant answered…