People v. Burks

(dissenting). 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.

—Order *968affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision at County Court. We reject the contention that defendant abandoned the drugs in the woods (see, People v Boodle, 47 NY2d 398, cert denied 444 US 969).

All concur except Callahan, J., who dissents and votes to reverse in the following Memorandum.