People v. Francis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
Police responded to a tip concerning a “man with a gun”. At issue is the level and intensity of the police response, an approach with guns drawn and a thorough body search which yielded a gun only upon a renewed effort.
Two police officers on motorized patrol on 8th Avenue near 136th Street at 2:30 in the morning were flagged down by a pedestrian described by them as a “clean cut” and “effeminate” black male who “appeared to be a homosexual”. He reported that he had observed a man on the street, outside a known homosexual bar, who “had a gun in his hand”. The weapon…
2Cases cited14 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- People v. De BourNew York Court of Appeals · 1976
- People v. BenjaminNew York Court of Appeals · 1980
- People v. ChestnutNew York Court of Appeals · 1980
- People v. RiveraNew York Court of Appeals · 1964
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3Cited by13 opinions
- Shaykh Matulu Abdurrahman v. Robert Henderson, WardenCourt of Appeals for the Second Circuit · 1990
- People v. CartagenaAppellate Division of the Supreme Court of the State of New York · 1993
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 1987
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1990
- In re Bernice J.Appellate Division of the Supreme Court of the State of New York · 1998
8 more not listed; retrieve them via the Exa API.