People v. Johnson

New York Court of Appeals
People v. Johnson, 30 N.Y.2d 929 (N.Y. 1972)
287 N.E.2d 378; 335 N.Y.S.2d 684; 1972 N.Y. LEXIS 1137

People v. Johnson

Concurring Opinion

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

Opinion of the Court

Order reversed and the information dismissed in the following memorandum: On the record before us, neither the stop nor the frisk of appellant was justified by reasonable suspicions on the part of the police. (Code Crim. Pro., § 180-a; Sibron v. New York, 392 U. S. 40; Terry v. Ohio, 392 U. S. 1.) Absent an articulable foundation for the entrenchment upon individual liberty and privacy which a stop and frisk entails, police suspicions remain merely ‘ hunches ’ ’ and are not reasonable within section 180-a of the Code of Criminal Procedure. (Cf. People v. Arthurs, 24 N Y 2d 688; People v. Taggart, 20 N Y 2d 335.) Accordingly, the conviction of appellant should be reversed and the information dismissed.

Reference

Full Case Name
The People of the State of New York, Respondent, v. James Johnson, Also Known as Walter Brown, Appellant
Cited By
18 cases
Status
Published