PEOPLE v. WILLIAM, 19 N.Y.3d 891 (2012)
Court: Court of Appeals of New York
Number: innyco20120612274
Visitors: 7
Filed: Jun. 12, 2012
Latest Update: Jun. 12, 2012
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed. Whether the circumstances of a particular case rise to the level of reasonable suspicion presents a mixed question of law and fact that is beyond our review if the determination has record support ( see People v Pines, 99 N.Y.2d 525 , 527 [2002]). In this case, although different conclusions may have been reasonable at the fact-finding level, record evidence supports the lower courts' determination tha
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed. Whether the circumstances of a particular case rise to the level of reasonable suspicion presents a mixed question of law and fact that is beyond our review if the determination has record support ( see People v Pines, 99 N.Y.2d 525 , 527 [2002]). In this case, although different conclusions may have been reasonable at the fact-finding level, record evidence supports the lower courts' determination that..
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OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Whether the circumstances of a particular case rise to the level of reasonable suspicion presents a mixed question of law and fact that is beyond our review if the determination has record support (see People v Pines, 99 N.Y.2d 525, 527 [2002]). In this case, although different conclusions may have been reasonable at the fact-finding level, record evidence supports the lower courts' determination that the police possessed reasonable suspicion and our review therefore ends (see People v Hicks, 68 N.Y.2d 234, 238 [1986]). Similarly, "[w]hether a showup is reasonable under the circumstances and/or unduly suggestive are mixed questions of law and fact" (People v Gilford, 16 N.Y.3d 864, 868 [2011]). The determinations of the courts below that the showup was reasonable and not unduly suggestive are supported by the record and are likewise beyond our further review.
Order affirmed in a memorandum.
Source: Leagle
