PEOPLE v. SKINNER, 48 N.Y.2d 889 (1979)

424 N.Y.S.2d 884, 400 N.E.2d 1336

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY SKINNER, Appellant.

Court of Appeals of the State of New York.Argued November 13, 1979
Decided December 11, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HARRY DAVIS, J.

Page 890

Robert S. Dean and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Frank Diaz an Brian Rosner of counsel), for respondent.

MEMORANDUM.

The order appealed from should be affirmed. The initial brief streetside interrogation of defendant was far less intrusive than is a traditional arrest, and thus need not have been supported by probable cause as long as the police had “a reasonable suspicion, based on objective facts, that the individual is involved in criminal activity” (Brown v Texas, 443 U.S. 47; see CPL 140.50; People v Moore, 47 N.Y.2d 911; cf. Dunaway v New York, 442 U.S. 200). We cannot say that the courts below erred as a matter of law in finding that the actions of the officers in this case were based on such a reasonable suspicion.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.