Legal Opinion · Dissent

In re Jahloni G.

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

Decided April 14, 2011Published

1Dissent

Gonzalez, P.J., and Sweeny, J., dissent in part in a memorandum by Sweeny, J.,

as follows: I agree with the majority that the court properly denied appellant’s motion to suppress the imita*488tion pistol, although I do not agree that it is a “close” question. The police had, at the very least, the requisite reasonable suspicion to support a stop and frisk of appellant. The officers received a radio message that reported several males with a firearm and provided a description of one of the suspects. Upon arriving at the specified location moments later, they saw three young men running, one of whom…

2Cases cited13 opinions

  1. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  2. Florida v. J. L.Supreme Court of the United States · 2000
  3. People v. ClarkNew York Court of Appeals · 1996
  4. People v. HeroldAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007

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