People v. Julian

Court: New York Court of Appeals
Date filed: 1977-11-22
Citations: 43 N.Y.2d 733, 372 N.E.2d 572, 401 N.Y.S.2d 785, 1977 N.Y. LEXIS 2532
Copy Citations
1 Citing Case
Lead Opinion

OPINION OF THE COURT

Memorandum.

Order affirmed. Defendant’s use of his sock to hold a small package did not alone provide the two police officers with cause to stop and summon him to a police car, position him between them, and inquire about the package. Defendant’s conduct, even in a high crime area, might just as well have been to secrete noncontraband valuables.

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

Order affirmed in a memorandum.