Frisk Legality for a Violation Level Offense in New York

In People v. Aponte (36 Misc 3d 1230[A], 959 NYS2d 91, 2012 NY Slip Op 51556[U] [Sup Ct, Bronx County 2012]), the motion court upheld a frisk of the defendant for a violation level offense. The officer, having dispersed an unruly crowd of people at an intersection, was confronted by the defendant who refused to disperse and questioned the officer's authority. "The police officer's testimony, reciting events surrounding the frisk, convinces that the police officer had reasonable suspicion he might be in danger even though the underlying charge was a violation".