People v. Bernard

Judgment, Supreme Court, New York County, rendered on September 19, 1974, affirmed for the reasons stated by Denzer, J., in his decision denying the motion to suppress. Concur—Markewich, J. P., Kupferman, Lupiano and Birns, JJ.; Capozzoli, J., dissents in the following memorandum: The fact that the appellant had his hands in his pockets did not justify the officer’s order to him to take his hands out of his pockets and the resultant frisk. When this occurred, according to the police officer’s testimony, he was engaged in a casual and friendly conversation with the appellant’s companion,…