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PEOPLE v. LUNA

73 N.Y.2d 173 (1989)

The People of the State of New York, Respondent, v. Julio Luna, Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1989.

Attorney(s) appearing for the Case

Carol A. Zeldin and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Ernest Burstein of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER concur with Judge HANCOCK, JR.; Judge BELLACOSA concurs in result in a separate opinion; Judge TITONE taking no part.

HANCOCK, JR., J.

This appeal requires us to determine the level of suspicion, if any, necessary under the Federal and State Constitutions to justify singling out an entrant at the national border for a pat-down search. Defendant contends that the same "reasonable suspicion" required for stops and frisks in domestic situations should apply (see, Terry v Ohio, 392 U.S. 1

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