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PEOPLE v. OTTY

223 A.D.2d 364 (1996)

636 N.Y.S.2d 1004

The People of the State of New York, Appellant, v. Andrew Otty, Respondent

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

January 9, 1996

The frisk of defendant was not supported by a reasonable belief, based on specific and articulable facts, that defendant had committed or was about to commit a crime nor that he was armed and presently dangerous. Defendant's "mere propinquity to others independently suspected of criminal activity d[id] not, without more, give rise to probable cause to search [him]" (Ybarra v Illinois, 444 U.S. 85...

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