People v. Perez

Manzanet-Daniels and Gische, JJ.,

dissent in a memorandum by Gische, J., as follows: I respectfully dissent, because I believe that from the inception of his encounter with the police, defendant’s conduct was consistent with his constitutional right to avoid contact with the police. In addition, the subsequent observation by the police of an otherwise undefined bulge under defendant’s sleeve did not furnish the officers with the requisite reasonable suspicion or a basis for believing that the person subjected to the intrusion was armed and potentially danger*418ous. Under these circumstances, the…