Opinion
Argued October 14, 1977
Decided November 22, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BUDD G. GOODMAN, J.
Robert M. Morgenthau, District Attorney (Jane Deutscher, Peter L. Zimroth and Robert M. Pitler of counsel), for appellant.
Diana A. Steele and William E. Hellerstein for respondent.
MEMORANDUM.
Order affirmed. Defendant's use of his sock to hold a small package did not alone provide the two police officers with cause to stop and summon him to a police car, position him between them, and inquire about the package. Defendant's conduct, even in a high crime area, might just as well have been to secrete noncontraband valuables.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed in a memorandum.