Opinion
12-16-2014
Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), for appellant. Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of counsel), for respondent.
Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), for appellant.
Legal Aid Bureau of Buffalo, Inc., Buffalo (Sherry A. Chase of counsel), for respondent.
Opinion
MEMORANDUM:The order of the Appellate Division should be affirmed.
The determination as to whether police have reasonable suspicion to justify a stop involves a mixed question of law and fact (People v. Woods, 98 N.Y.2d 627, 628, 745 N.Y.S.2d 749, 772 N.E.2d 1107 [2002] ). Where, as here, there exists record support for the Appellate Division's resolution of this question, the issue is beyond this Court's further review.
Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM 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.