PEOPLE v. JOHNSON


79 A.D.2d 936 (1981)

The People of the State of New York, Appellant, v. Nathan Johnson, Respondent

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

January 15, 1981


Affirmed.

The facts as stated in the dissenting opinion are accurate and need not be repeated herein. The mere purchase of a holster from a 42nd Street novelty shop without the presence of additional objective criteria indicating that "criminal activity is afoot" (People v De Bour, 40 N.Y.2d 210, 223), does not permit further intrusion upon the purchaser, other than mere inquiry by the police (People v Samuels,

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