People v. Burks (202 A.D.2d 967, 1994)

—Order affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision at County Court. We reject the contention that defendant abandoned the drugs in the woods (see, People v Boodle, 47 NY2d 398, cert denied 444 US 969).

All concur except Callahan, J., who dissents and votes to reverse in the following Memorandum.

Callahan, J.

(dissenting). In my view, the officer had a reasonable ground to fear for his safety and, therefore, was justified in directing defendant to empty his pockets (see, People v Perolta-Rua, 179 AD2d 1051, 1053, lv denied 80 NY2d 836). (Appeal from Order of Wayne County Court, Parenti, J. —Suppress Evidence.) Present — Green, J. P., Pine, Callahan, Doerr and Boehm, JJ.