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People v. Bannister

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 520 (N.Y. App. Div. 1995)

Opinion

October 10, 1995

Appeal from the Supreme Court, Kings County (Quinones, J.).


Ordered that the judgment is affirmed.

Officer Ryan's actions in pinning the defendant's hand to his jacket while simultaneously conducting a limited pat-down of that same area were proper within the context of the developing circumstances within which he and his fellow officers found themselves (see, People v. Benjamin, 51 N.Y.2d 267). There was no need for Officer Ryan to wait and see the glint of steel before he was permitted to take those limited actions needed to insure his safety and that of his fellow officers (see, People v Allen, 73 N.Y.2d 378). Moreover, unlike the search in People v Andrades ( 219 A.D.2d 656) the limited search conducted here was undertaken only in response to the defendant's prior overt acts. O'Brien, J.P., Joy, Altman and Florio, JJ., concur.


Summaries of

People v. Bannister

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 520 (N.Y. App. Div. 1995)
Case details for

People v. Bannister

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL BANNISTER…

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

Date published: Oct 10, 1995

Citations

220 A.D.2d 520 (N.Y. App. Div. 1995)
632 N.Y.S.2d 585

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