PEOPLE v. BERNARD


51 A.D.2d 936 (1976)

The People of the State of New York, Respondent, v. William Bernard, Also Known as James Rogers, Appellant

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

March 18, 1976


Capozzoli, J., dissents in the following memorandum:

The fact that the appellant had his hands in his pockets did not justify the officer's order to him to take his hands out of his pockets and the resultant frisk. When this occurred, according to the police officer's testimony, he was engaged in a casual and friendly conversation with the appellant's companion, having no relation to police business. The frisk was unlawful, as there was no reasonable...

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