Legal Opinion · Dissent

People v. Brockington

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 1991Published

1Dissent

Thompson, J. P.,

dissents and votes to affirm, with the following memorandum: I simply cannot adopt the position of the majority which fails to gauge the reasonableness of the police officer’s conduct in the circumstances of this case within the context of the harsh realities of the burgeoning crack cocaine epidemic existing on the hard streets of New York City’s boroughs and which position further demands that police officers ignore the clear signs of contraband in a drug-infested location fortuitously uncovered during a precautionary frisk for weapons. In my opinion, neither the State nor…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sibron v. New YorkSupreme Court of the United States · 1968
  3. People v. McRayNew York Court of Appeals · 1980
  4. People v. BenjaminNew York Court of Appeals · 1980
  5. People v. TorresNew York Court of Appeals · 1989

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