Legal Opinion · Dissent

People v. Evans

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 1994Published

1Dissent

Doerr, J. (dissenting).

I respectfully dissent. I disagree with the majority’s conclusion that a 911 call from an identified citizen provided the police with reasonable suspicion forcibly to stop and frisk defendant. At the suppression hearing, the People proved that an identified citizen telephoned 911 and reported a man with a gun near the corner of Walden and Ruhland. The caller described the man as black, wearing a white sweatsuit, and driving a blue car. The caller’s description was broadcast over the police radio. Officers Bursie and Larke heard the dispatch and proceeded to the area.…

2Cases cited7 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. BenjaminNew York Court of Appeals · 1980
  3. People v. BeattieNew York Court of Appeals · 1992
  4. People v. BruceAppellate Division of the Supreme Court of the State of New York · 1980
  5. People v. CastroNew York Court of Appeals · 1986

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