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PEOPLE v. STROLLER

42 N.Y.2d 1052 (1977)

The People of the State of New York, Appellant, v. Joseph Stroller, Respondent.

Court of Appeals of the State of New York.

Decided October 11, 1977.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Harry I. Katz and Peter L. Zimroth of counsel), for appellant.

Chester L. Mirsky and Kurt Anderson for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The police were obligated to respond to the call and investigate the complaint of a man armed with a gun. At night in a high crime area they found the defendant who matched the description given by the caller. When, upon inquiry by the police, the defendant gave an unintelligible, unresponsive reply, the officer could then make a limited pat down search in the nature of a frisk, not to discover evidence of a...

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