People v. Benjamin

Titone, J. P.,

dissents and votes to affirm the judgment, with the following memorandum, in which Mangano, J., concurs: In my opinion the totality of events leading to the frisk of the defendant fully justified the actions taken by Police Officer Loran. It is clear from the facts adduced that Loran, after proceeding to the subject intersection, did not, blunderbuss fashion, indiscriminately stop and frisk a number of the approximately 30 persons spread along the street. Instead, alerted by the report via police radio that there were men possessing guns there, his attention was understandably…