PEOPLE v. FINLAYSON


76 A.D.2d 670 (1980)

The People of the State of New York, Respondent, v. Alan L. Finlayson and James Blades, Appellants

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

September 22, 1980


Attorney(s) appearing for the Case

Matthew Muraskin (Kent V. Moston and Michael J. Obus of counsel), for appellants.

Denis Dillon, District Attorney (Juri Toomi and Martin I. Saperstein of counsel), for respondent.

LAZER, GIBBONS and MARGETT, JJ., concur.


MOLLEN, P. J.

These appeals present the question of when, if ever, a police officer may detain at gunpoint an individual whom he reasonably suspects of having committed a crime. Our determination necessarily depends upon a delicate balance between the individual's right to personal liberty and society's legitimate expectation that its police officers may carry out their official functions free from unreasonable...

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