People v. Burks

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VON JUNICE BURKS…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 11, 1994

202 A.D.2d 967 (N.Y. App. Div. 1994)

610 N.Y.S.2d 917

Opinion

March 11, 1994

Appeal from the Wayne County Court, Parenti, J.

Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.

Order 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 N.Y.2d 398, cert denied 444 U.S. 969).

All concur except Callahan, J., who dissents and votes to reverse in the following Memorandum.

Callahan, J. (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 A.D.2d 1051, 1053, lv denied 80 N.Y.2d 836).