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PEOPLE v. KINLOCK

43 N.Y.2d 832 (1977)

The People of the State of New York, Respondent, v. Leroy Kinlock, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1977.

Attorney(s) appearing for the Case

Susan E. Hofkin, William E. Hellerstein and William J. Gallagher for appellant.

John J. Santucci, District Attorney (Joan L. Craig of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following opinion.

Order affirmed on the opinion by Mr. Justice GEORGE J. BALBACH at Criminal Term, Supreme Court, Queens County (see, also, People v Stewart 41 N.Y.2d 65).

FUCHSBERG, J. (dissenting).

To permit a "pat-down" or search on no more than an anonymous telephone call, as here, would be to expose innocent individuals to intrusion on their persons whenever malicious and...

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