In re Darryl C.
Opinion of the Court
— In a proceeding pursuant to Family Court Act article 3, the appeal is from an
Order of disposition reversed, on the law, without costs or disbursements, fact-finding order vacated, and petition dismissed.
On January 2, 1985, at approximately 12:00 noon, Police Officer Katherine Stanton and her partner, while patrolling the vicinity of Dean and Nevins Street in Kings County, noticed the appellant and a companion standing near the intersection, nervously looking over their shoulders and furtively scanning the area. Officer Stanton had been aware that during the preceding week, numerous armed robberies had occurred in this particular area. The officers, however, only possessed a general description of the suspects; that of two black males, of "varied” ages, wearing dark clothing.
After engaging in a brief surveillance of the appellant and his companion, the officers decided to investigate. The officers approached, identified themselves, and in response, the appellant’s companion attempted to flee. The appellant, who was 15 years old at the time, merely "shrugged his shoulders” and then "moved as if to get away”. Officer Stanton, without uttering a word, proceeded to frisk the appellant. During the course of the pat down, she felt a bulge near the appellant’s waistband, and removed therefrom a .22 caliber revolver containing one round of ammunition.
Contrary to the conclusions of the hearing court, we find that the police acted precipitously in conducting a frisk of the appellant, since the officers did not have a reasonable basis to suspect that the appellant was committing, had committed or was about to commit a crime (see, CPL 140.50). Although the police possessed general information regarding previous episodes of criminal activity, at the time they confronted the appellant they were "neither aware of nor investigating any specific crime which had occurred immediately before and for which the two men could have been considered suspects” (see,
Accordingly, we conclude that the hearing court erred in denying the appellant’s motion to suppress, and the petition must, therefore, be dismissed. Lawrence, J. P., Eiber, Kunzeman and Kooper, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.