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PEOPLE v. CARNEY

58 N.Y.2d 51 (1982)

The People of the State of New York, Respondent, v. James Carney, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Brian Sheppard and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Catherine M. A. McCaulif and Norman Barclay of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur with Chief Judge COOKE; Judge FUCHSBERG concurs in a separate opinion.

Chief Judge COOKE.

A suspect may not be frisked by a police officer who has no knowledge of facts that would provide a basis for suspecting that the individual is armed or dangerous. The absence of such circumstances leads to the conclusion that the search here was unreasonable as a matter of law and, therefore, the order of the Appellate Division should be reversed....

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