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People v. Francois

14 N.Y.3d 732 Court N.Y. Decision date 2010-02-11 English

Contents

Majority

p. 732
[923 NE2d 583, 896 NYS2d 300]
The People of the State of New York, Respondent, v Jerry Francois, Appellant.
Decided February 11, 2010
p. 733
APPEARANCES OF COUNSEL
Legal Aid Society, Criminal Appeals Bureau, New York City (Laura Liberman Cohen, Blaine [Fin] V. Fogg, Steven Banks and Seymour W. James, Jr., of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Lindsey M. Kneipper and Eleanor Ostrow of counsel), for respondent.

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.

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