# People v. Johnson

> New York Court of Appeals · July 7, 1972 · 30 N.Y.2d 929

URL: https://www.frixlaw.com/law-library/cases/9786442

## Case

- **Full name:** The People of the State of New York, Respondent, v. James Johnson, Also Known as Walter Brown, Appellant
- **Court:** New York Court of Appeals
- **Decided:** July 7, 1972
- **Citations:** 30 N.Y.2d 929; 335 N.Y.S.2d 684; 287 N.E.2d 378; 1972 N.Y. LEXIS 1137
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9786442

## Opinion text

Order reversed and the information dismissed in the following memorandum: On the record before us, neither the stop nor the frisk of appellant was justified by reasonable suspicions on the part of the police. (Code Crim. Pro., § 180-a; Sibron v. New York, 392 U. S. 40 ; Terry v. Ohio, 392 U. S. 1 .) Absent an articulable foundation for the entrenchment upon individual liberty and privacy which a stop and frisk entails, police suspicions remain merely ‘ ‘ hunches ’ ’ and are not reasonable within section 180-a of the Code of Criminal Procedure. (Cf. People v. Arthurs, 24 N Y 2d 688; People v. Taggart, 20 N Y 2d 335.) Accordingly, the conviction of appellant should be reversed and the information dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9786442. Public record. Not legal advice.