People v. Johnson

Order, Supreme Court, New York County, entered on April 30, 1980, granting defendant’s motion to suppress physical evidence and certain statements insofar as appealed from, is affirmed. The facts as stated in the dissenting opinion are accurate and need not be repeated herein. The mere purchase of a holster from a 42nd Street novelty shop without the presence of additional objective criteria indicating that “criminal activity is afoot” (People v De Bour, 40 NY2d 210, 223), does not permit further intrusion upon the purchaser, other than mere inquiry by the police (People v Samuels, 50 NY2d…