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People v. Skinner

48 N.Y.2d 889 Court N.Y. Decision date 1979-12-11 English

Contents

Majority

p. 889
The People of the State of New York, Respondent, v Jerry Skinner, Appellant.
Argued November 13, 1979;
decided December 11, 1979
p. 890
APPEARANCES OF COUNSEL
Robert S. Dean and William E. Hellerstein for appellant.
Robert M. Morgenthau, District Attorney (Frank Diaz and Brian Rosner of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. The initial brief streetside interrogation of defendant was far less intrusive than is a traditional arrest, and thus need not have been supported by probable cause as long as the police had "a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity” (Brown v Texas, 443 US 47 ; see CPL 140.50; People v Moore, 47 NY2d 911 ; cf. Dunaway v New York, 442 US 200 ). We cannot say that the courts below erred as a matter of law in finding that the actions of the officers in this case were based on such a reasonable suspicion.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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