People v. Castro
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