PEOPLE v. JOHNSON


64 N.Y.2d 617 (1984)

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

Court of Appeals of the State of New York.

Decided November 27, 1984.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Peter D. Braun of counsel), for appellant.

Howard R. Relin, District Attorney (Michael J. Nelson of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, MEYER, SIMONS and KAYE concur in memorandum; Judge JASEN dissents and votes to affirm in an opinion.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion to suppress granted and the indictment dismissed.

The flaw in the People's case is that nothing preceding the encounter with defendant justified a founded suspicion that he was engaged in or about to be engaged in criminal conduct. The officer testified to no more than that he had known defendant for six years and had "arrested...

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