People v. Castro

New York Court of Appeals
People v. Castro, 70 N.Y.2d 943 (N.Y. 1988)
524 N.Y.S.2d 668; 519 N.E.2d 614; 1988 N.Y. LEXIS 4
Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur

People v. Castro

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

"Whether a police officer has the requisite reasonable suspicion to believe a defendant had been, is then or is about to be engaged in conduct in violation of the law is generally a mixed question of law and fact which can rarely be resolved as a matter of law” (People v Chilton, 69 NY2d 928, 929; *945 People v Harrison, 57 NY2d 470, 477-478). Inasmuch as there is evidence in the record to support the hearing court’s finding, undisturbed by the Appellate Division, that there was a sufficient predicate for the officer’s interference with defendant as he attempted to walk away from the taxi, our review process is at an end (People v Jones, 69 NY2d 853, 855).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

Reference

Full Case Name
The People of the State of New York, Respondent, v. Juan Castro, Appellant
Cited By
5 cases
Status
Published