Majority
p. 967The People of the State of New York, Appellant, v Von Junice Burks, Respondent. [610 NYS2d 917]
—Order
Dissent
p. 968
affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision at County Court. We reject the contention that defendant abandoned the drugs in the woods (see, People v Boodle, 47 NY2d 398 , cert denied 444 US 969 ).
All concur except Callahan, J., who dissents and votes to reverse in the following Memorandum.
(dissenting). In my view, the officer had a reasonable ground to fear for his safety and, therefore, was justified in directing defendant to empty his pockets (see, People v Perolta-Rua, 179 AD2d 1051 , 1053, lv denied 80 NY2d 836 ). (Appeal from Order of Wayne County Court, Parenti, J. —Suppress Evidence.) Present — Green, J. P., Pine, Callahan, Doerr and Boehm, JJ.
Cases cited
- People v. Boodle 47 NY2d 398 p. 968
- People v. Perolta-Rua 179 AD2d 1051 at 1053 p. 968