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PEOPLE v. THOMAS

19 A.D.3d 32 (2005)

792 N.Y.S.2d 472

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MICHAEL THOMAS, Respondent.

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

April 14, 2005.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Frank Glaser and Rona Feinberg of counsel), for appellant.

Richard Verchick, New York City, for respondent.

SULLIVAN and NARDELLI, JJ., concur with FRIEDMAN, J.; TOM, J.P., and ELLERIN, J., dissent in separate opinions.

OPINION OF THE COURT

FRIEDMAN, J.

Under the four-tiered analysis of police-civilian encounters first propounded by the Court of Appeals in People v De Bour (40 N.Y.2d 210, 223 [1976]), a level I "request for information" — the least intrusive level of police inquiry — is justified by an "objective, credible reason not necessarily indicative of criminality...

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