Appellate Division of the Supreme Court of the State of New York August 23, 1982 (People v. Livigni)

OPINION OF THE COURT

Mangano, J.

A narrow question is presented by this appeal, viz., is it reasonable under the Fourth and Fourteenth Amendments to the United States Constitution for a police officer, while standing beside a motor vehicle in the course of investigating a traffic infraction, to order a passenger out of the vehicle at gunpoint because of the officer’s observation of an empty gun