People v. De Jesus

Carro and Fein, JJ.,

dissent in a memorandum by Carro, J., as follows: The judgment should be vacated, the motion to suppress should be granted and the indictment should be dismissed. The majority analogizes this case to a “limited ‘pat-down’ search for weapons”, justifiable because “[f]or the officer to have then turned his back and walked away would have unreasonably endangered both the officer and the public.” A brief examination of the events of the night in question, and the trial court’s findings of fact, however, reveals no such justification. Shortly before midnight on January 27, 1981…