People v. Francois

Feb 11, 2010
84 SSM 62
Versions:14 N.Y.3d 732
923 N.E.2d 583
896 N.Y.S.2d 300
2010 NY Slip Op 1019

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division’s determination that the officer’s conduct did not elevate his encounter with defendant from a common-law inquiry to a seizure necessitating reasonable suspicion constitutes a resolution of a mixed question of law and fact that is supported by the record evidence (see generally People v Wheeler, 2 NY3d 370, 373 [2004]), and is therefore beyond this Court’s further power of review (see People v Battaglia, 86 NY2d 755, 756 [1995]).

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.