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People v. Johnson

The People of the State of New York, Respondent, v. James Johnson, Also Known as Walter Brown, Appellant

People v. Johnson, 287 N.E.2d 378 (N.Y. 1972)
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Court
New York Court of Appeals · State Highest Courts
Decided
July 7, 1972
Citations
287 N.E.2d 37830 N.Y.2d 929335 N.Y.S.2d 6841972 N.Y. LEXIS 1137

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.

Concurrence

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

Combined text as published — syllabus, headnotes and all opinions in one document

30 N.Y.2d 929 (1972)

The People of the State of New York, Respondent,

v.

James Johnson, Also Known as Walter Brown, Appellant.

Court of Appeals of the State of New York.

Argued June 8, 1972. Decided July 7, 1972.

G. Jeffrey Sorge , James J. McDonough and Matthew Muraskin for appellant.

William Cahn , District Attorney ( Henry P. DeVine of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 17 cases

View all citing references →
1975: 61976: 61977: 11978: 32008: 119752026peak 1975 · 6

Relies on it most ⓘ

  1. People v. De Bour352 N.E.2d 562 (N.Y. 1976)
  2. People v. Allende348 N.E.2d 891 (N.Y. 1976)
  3. People v. Sanchez340 N.E.2d 718 (N.Y. 1975)
  4. People v. Bating48 A.D.2d 619 (1975)
  5. People v. Tinsley48 A.D.2d 779 (1975)
  6. People v. Griffith63 A.D.2d 138 (1978) · Dissent

Most recent

  1. People v. Lopez20 Misc. 3d 737 (N.Y. Sup. Ct. 2008)
  2. People v. Griffith63 A.D.2d 138 (1978) · Dissent
  3. People v. James64 A.D.2d 536 (1978)
  4. People v. Licastri62 A.D.2d 1002 (1978)
  5. People v. Plunkett56 A.D.2d 878 (1977)
  6. People v. De Bour352 N.E.2d 562 (N.Y. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Terry v. Ohio, 392 U.S. 1 (1968) 32,263
Sibron v. New York, 392 U.S. 40 (1968) 3,400

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