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PEOPLE v. RIVERA

14 N.Y.2d 441 (1964)

The People of the State of New York, Appellant, v. Miguel Rivera, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1964.

Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Irving Lang and H. Richard Uviller of counsel), for appellant.

Gretchen White Oberman and Anthony F. Marra for respondent.

Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and SCILEPPI concur with Judge BERGAN; Judge FULD dissents in a separate opinion.

BERGAN, J.

This appeal involves the right of police to stop a person in the public street and question him under circumstances that would reasonably actuate investigation and inquiry. An additional and rather separable legal question arises on the right of police to "frisk" the person being questioned as an incident to the inquiry.

The "stop and frisk" amendment to the Code of Criminal Procedure (L. 1964...

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