PEOPLE v. BENJAMIN


51 N.Y.2d 267 (1980)

The People of the State of New York, Appellant, v. Harold Benjamin, Also Known as Harold Miley, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1980.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Ira I. Schreiber of counsel), for appellant.

Rudy Hirschheimer for respondent.

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


WACHTLER, J.

We are once again concerned with the circumstances which must exist before a police officer can conduct a limited pat-down search of a citizen during a street encounter. The Appellate Division held that a loaded handgun was unlawfully seized and should be suppressed. We reverse.

On the evening of October 27, 1977, William Loran, a veteran police officer, was on motor patrol in the Borough...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases