People v. Bronston
Cases that cite this one
25 later published cases cite this decision.
- SIMMONS, JOHN R., PEOPLE v (Appellate Division of the Supreme Court of New York 2017)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2017)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2017)
- People v. Simmons (Appellate Division of the Supreme Court of New York 2017)
- People v. Davis (Appellate Division of the Supreme Court of New York 1987)
- People v. Jones (Appellate Division of the Supreme Court of New York 2017)
- People v. Powell (Appellate Division of the Supreme Court of New York 1998)
- People v. Young (Appellate Division of the Supreme Court of New York 1994)
- People v. Wiesmore (Appellate Division of the Supreme Court of New York 1994)
- People v. Soto (Appellate Division of the Supreme Court of New York 1993)
- People v. Scott (Appellate Division of the Supreme Court of New York 1993)
- People v. Coleman (Appellate Division of the Supreme Court of New York 1992)
- People v. Jiminez (Appellate Division of the Supreme Court of New York 1992)
- People v. Speckman (Appellate Division of the Supreme Court of New York 1990)
- People v. Morrison (Appellate Division of the Supreme Court of New York 1990)
- People v. Manganaro (New York Supreme Court 1990)
- People v. Marine (Appellate Division of the Supreme Court of New York 1989)
- People v. Howard (Appellate Division of the Supreme Court of New York 1989)
- People v. Salaman (N.Y. 1988)
- People v. Hudson (Appellate Division of the Supreme Court of New York 1988)
- People v. McLaurin (N.Y. 1987)
- People v. Boulware (Appellate Division of the Supreme Court of New York 1987)
- People v. Perry (Appellate Division of the Supreme Court of New York 1987)
- People v. Torres (New York Supreme Court 1987)
- People v. McLaurin (Appellate Division of the Supreme Court of New York 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
As found by the majority at the Appellate Division, Officer Sheffler, in responding at 4:30 a.m. to a 911 report of a burglary in progress at 155th Street and 8th Avenue, in Manhattan, ordered defendant down from a fire escape at gunpoint, put him against the wall, and frisked him without first inquiring about his reasons for being there. The majority properly held that this conduct was unjustified. We agree with the dissent, however, that the nature and location of the area where a suspect is detained may be one of the factors considered in determining whether, in a given case, the police acted reasonably (see, People v De Bour, 40 NY2d 210, 220; People v Oden, 36 NY2d 382, 385). Nevertheless, this factor, if considered here together with the circumstance that defendant’s clothing and his presence on the fire escape were consistent with information transmitted in the report, would not warrant the degree of intrusion employed.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.