People v. Oppedisano

In People v. Oppedisano, 176 AD2d 667 (1st Dept 1991), app. denied, 79 NY2d 1052, 584 N.Y.S.2d 1020 (1992) the conduct of the police was found to be justified in a situation bearing some resemblance to that here. There, the Defendant knocked on the door of an apartment where the police were executing a search warrant looking for narcotics. When an officer asked the Defendant who he was and what he was doing at the location, the Defendant did not answer and remained standing at the door with his hands in his pockets. When the officer directed the Defendant to take his hands out of his pockets, the Defendant responded by taking a step away. The Court held that when the officer did not receive a response to his request for basic information "in light of defendant's stance" the officer was justified in requesting that the Defendant remove his hands from his pockets. When the Defendant stepped away, the Court held that the police were justified in removing the Defendant's hands from his pockets. Police subsequently found two loaded guns on the Defendant's person.