Argued November 12, 1982 Decided December 15, 1982 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED ASCIONE, J. Brian Sheppard and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney ( Catherine M.A. McCaulif and Norman Barclay of counsel), for respondent. Chief Judge COOKE. A suspect may not be frisked by a police officer who has no knowledge of facts that would provide a basis for suspecting that the individual is armed or
December 31, 1986 Appeal from the Supreme Court, Kings County (Hellenbrand, J.). Ordered that the matter is remitted to the Supreme Court, Kings County, for a hearing to settle the transcript, in accordance herewith, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report and a settled transcript with all convenient speed. On appeal, the defendant asserts, inter alia, that the trial court's instructions to the jury contained numerous confusing and
Argued June 11, 1982 Decided June 23, 1982 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, M. MICHAEL POTOKER, J. Claude Castro for appellant. Elizabeth Holtzman, District Attorney ( Allan Root, Barbara D. Underwood and Beth S. Lasky of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Defendant's contention that the trial court committed reversible error in rereading its original charge on certain legal concepts