Legal Opinion · Dissent

In re Darryl C.

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

Decided June 26, 2012Published

1Dissent

Richter, J. (dissenting).

In this appeal, we are presented with the question of whether a police officer was justified in conducting a limited safety frisk when he reasonably suspected that the individual whom he was questioning was armed with a weapon that could harm the officer. In light of recent gang shootings in the area, furtive behavior by the individual in shoving a black *80object into his pocket upon seeing the police, nervousness while being questioned, deceptive answers to the police officer’s inquiry, and the individual’s hand movement toward his pocket, we conclude that the officer…

2Cases cited39 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. HollmanNew York Court of Appeals · 1992
  3. People v. BenjaminNew York Court of Appeals · 1980
  4. People v. AllenNew York Court of Appeals · 1989
  5. People v. ChestnutNew York Court of Appeals · 1980

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