PEOPLE v. TORRES


74 N.Y.2d 224 (1989)

The People of the State of New York, Respondent, v. Miguel Torres, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1989.


Attorney(s) appearing for the Case

Norman L. Reimer for appellant.

Robert M. Morgenthau, District Attorney (Maryjane C. Shimsky and Norman Barclay of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and HANCOCK, JR., concur with Judge TITONE; Judge ALEXANDER concurs in result in a separate opinion; Judge BELLACOSA dissents and votes to affirm in another opinion.


TITONE, J.

A police officer acting on reasonable suspicion that criminal activity is afoot and on an articulable basis to fear for his own safety may intrude upon the person or personal effects of the suspect only to the extent that is actually necessary to protect himself from harm while he conducts the inquiry authorized by CPL 140.50 (1). In People v Lindsay (72 N.Y.2d 843

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