People v. Johnson, 287 N.E.2d 378 (N.Y. 1972). · Go Syfert
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People v. Johnson, 287 N.E.2d 378 (N.Y. 1972). Cases Citing This Book View Copy Cite
18 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Allende, 348 N.E.2d 891 (N.Y. 1976)
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Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
James Johnson, Also Known as Walter Brown, Appellant
New York Court of Appeals.
Jul 7, 1972.
Published opinion
287 N.E.2d 378
1972 N.Y. LEXIS 1137
G. Jeffrey Sorge, James J. McDonough and Matthew Muraskin for appellant., William Cahn, District Attorney (Henry P. Devine of counsel), for respondent.
Cited by 18 opinions  |  Published

Lead Opinion

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.

Concurrence

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