People v. Diaz

Carro, J. P., and Rosenberger, J.,

dissent in a memorandum by Rosenberger, J., as follows: While I agree with the majority that the officer had a common law right to inquire based on his observations of the defendant, and that his reasonable suspicion that he and his partner were in danger of physical injury authorized him to frisk the defendant (People v De Bour, 40 NY2d 210), I disagree with the majority’s conclusion regarding the propriety of the ensuing search.

The officer testified that after he frisked the defendant’s pocket and felt small, hard, loose objects, he was certain that it did…