PEOPLE v. MARTIN, 19 N.Y.3d 914 (2012)
Court: Court of Appeals of New York
Number: innyco20120626544
Visitors: 42
Filed: Jun. 26, 2012
Latest Update: Jun. 26, 2012
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed ( see People v De Bour, 40 N.Y.2d 210 [1976]). Whether Detective Barnes had a founded suspicion to approach defendant, or probable cause to arrest him involve mixed questions of law and fact, beyond our review if the determination is supported by the record. Because such record evidence exists here, the issues are beyond further review by this Court. On review of submissions pursuant to section 500.1
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be affirmed ( see People v De Bour, 40 N.Y.2d 210 [1976]). Whether Detective Barnes had a founded suspicion to approach defendant, or probable cause to arrest him involve mixed questions of law and fact, beyond our review if the determination is supported by the record. Because such record evidence exists here, the issues are beyond further review by this Court. On review of submissions pursuant to section 500.11..
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OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed (see People v De Bour, 40 N.Y.2d 210 [1976]). Whether Detective Barnes had a founded suspicion to approach defendant, or probable cause to arrest him involve mixed questions of law and fact, beyond our review if the determination is supported by the record. Because such record evidence exists here, the issues are beyond further review by this Court.
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.
Source: Leagle
