People v. Dinkins

Silverman, J. (concurring).

I concur on the authority of the Court of Appeals decision in People v Elwell (50 NY2d 231).

However, the broad language of that opinion still leaves me with disturbing questions as to its applicability and effect in the specific exigent fact situation involved in this case.

We have here a telephone report to the police that there is a shotgun in a particular described car in a particular location. The police arrive there and see defendant walking briskly away from the car which is thus left unlocked and unattended. One officer frisks defendant; the other opens the…