MATTER OF DARRYL C.

6253.

98 A.D.3d 69 (2012)

947 N.Y.S.2d 483

2012 NY Slip Op 5118

In the Matter of DARRYL C., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

June 26, 2012.


Attorney(s) appearing for the Case

Tamara A. Steckler , The Legal Aid Society, New York City ( Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Julian L. Kalkstein of counsel), for presentment agency.

MOSKOWITZ and ROMÁN, JJ., concur with TOM, J.P.; RICHTER and ABDUS-SALAAM, JJ., dissent in a separate opinion by RICHTER, J.


OPINION OF THE COURT

TOM, J.P.

The law imposes a strict standard for a stop and frisk, requiring an officer to have a reasonable suspicion of an individual's involvement in criminal activity (CPL 140.50 [1]; People v De Bour, 40 N.Y.2d 210, 223 [1976]) and then "knowledge of some fact or circumstance that supports a reasonable suspicion that the suspect is armed or poses a threat to safety" (People v Batista...

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