51 N.Y.2d 14
Decided July 8, 1980
New York Court of Appeals · decided 1980-07-08
Good law ✅— No negative treatment on recordhow we know
Decided 1980-07-08
Cited by 26 later decisions — most recently December 2025 · most notably Posr v. Doherty (1991), Lee v. State (1988)
4 federal appellate · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1(dissenting). In my view, when the police approach an individual with a drawn weapon, order him to freeze, and then direct him to lie face down on the ground, they have effected a seizure more intrusive than a traditional stop and frisk. Especially is this so where, as here, the officer states that he made an arrest. Thus, I feel compelled to dissent, for the relevant reasons stated in the dissenting opinion by Mr. Justice Arnold L. Fein at the Appellate Division.
¶2Order affirmed.