Legal Opinion · Dissent

People v. Burks

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

Decided March 11, 1994Published

1DissentCallahan, J.

In my view, the officer had a reasonable ground to fear for his safety and, therefore, was justified in directing defendant to empty his pockets (see, People v Perolta-Rua, 179 AD2d 1051, 1053, lv denied 80 NY2d 836). (Appeal from Order of Wayne County Court, Parenti, J. —Suppress Evidence.) Present — Green, J. P., Pine, Callahan, Doerr and Boehm, JJ.

2Cases cited1 opinion

  1. People v. Perolta-RuaAppellate Division of the Supreme Court of the State of New York · 1992