In re Jaquan M.

Friedman and Catterson, JJ., dissent in a memorandum by Catterson, J., as follows: I must respectfully dissent. In my view, the totality of the circumstances justified not only a De Bour level two common-law inquiry, but also provided the police with reasonable suspicion to believe that the appellant was illegally carrying a gun in his backpack justifying a level three stop and frisk.

Relying on People v Fernandez (87 AD3d 474 [1st Dept 2011]), the majority acknowledges that the appellant’s “furtive behavior at night and in a high-crime neighborhood” justified a level two inquiry. However,…