People v. Johnson

Boomer, J. P., and Balio, J.

(dissenting). We disagree with the majority that the physical evidence seized as the result of a stop and frisk of defendant should be suppressed. When the police officer approached a parking lot where numerous thefts had occurred and saw defendant flee from the lot and discard items including a camera, he had a reasonable suspicion that defendant had committed a crime. Based on that suspicion, the officer was justified in pursuing defendant and stopping *881him. The facts are different from those in People v Howard (50 NY2d 583, cert denied 449 US 1023), cited by the…