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PEOPLE v. BRANNON

No. 77, No. 78.

16 N.Y.3d 596 (2011)

949 N.E.2d 484

925 N.Y.S.2d 393

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNEST BRANNON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE FERNANDEZ, Appellant.

Court of Appeals of New York.

Decided May 5, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( Karen M. Kalikow , and Steven Banks , of counsel), for appellant in the above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David P. Stromes , and Caitlin J. Halligan , of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City ( Barbara Zolot , and Robert S. Dean , of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( David P. Stromes , and Caitlin J. Halligan , of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge JONES concurs in result in a separate opinion.

OPINION OF THE COURT

PIGOTT, J.

In these appeals, we are asked to decide the level of knowledge a police officer must possess before, consistent with the principles articulated in People v De Bour (40 N.Y.2d 210 [1976]), he or she has reasonable suspicion to believe an individual possesses a gravity knife, as opposed to other similar knives such as a pocketknife, and therefore is authorized to conduct a stop and...

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