JUSTIFIABLE FRISK

In People v. Khan Li, the State prosecuted Khan Li for assault, criminal possession of a weapon, grand larceny, and criminal possession of stolen property.

After receiving calls reporting a violent crime committed by Asian men, officers encountered Li "and two other Asian men moving quickly." Since he was within "extreme spatial and temporal proximity to the scene," was "behaving nervously," had a scratch on his nose, and was wearing bloody clothes, Li was frisked, found in possession of brass knuckles, and arrested.

When the New York County Supreme Court convicted Li on all charges, and sentenced him to 3 1/2 years in prison, he appealed to the Appellate Division, First Department.

Based on its review of all the factors surrounding Li's arrest, the AD1 was of the opinion that "the officers had a reasonable suspicion of criminality that justified a frisk," and affirmed the conviction.

We would never tell a Li. For a copy of the Appellate Division's decision, please use this link: People v. Khan Li