New York Court of Appeals, 1990

People v. Falciglia

New York Court of Appeals · Decided April 3, 1990 · Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa Concur

75 N.Y.2d 935; 555 N.Y.S.2d 681; 554 N.E.2d 1269; 1990 N.Y. LEXIS 680

Cases that cite this one

14 later published cases cite this decision.

The People v. Robert Hinshaw (N.Y. 2020)
People v. Cortes (Appellate Division of the Supreme Court of New York 1996)
People v. Evans (N.Y. 1994)
People v. Johnson (Appellate Division of the Supreme Court of New York 1993)
People v. Gruillon (Appellate Division of the Supreme Court of New York 1992)
People v. Rivera (Appellate Division of the Supreme Court of New York 1992)
People v. Nieves (Appellate Division of the Supreme Court of New York 1992)
People v. Jones (Appellate Division of the Supreme Court of New York 1992)
People v. Brown (Appellate Division of the Supreme Court of New York 1991)
People v. Ellis (Appellate Division of the Supreme Court of New York 1991)
People v. Jackson (Appellate Division of the Supreme Court of New York 1991)
People v. Cannell (Appellate Division of the Supreme Court of New York 1991)
People v. Vaneiken (Appellate Division of the Supreme Court of New York 1990)
People v. Jones (Appellate Division of the Supreme Court of New York 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

As the Appellate Division properly concluded, defendant was not entitled to a missing witness charge (see, People v Gonzalez, 68 NY2d 424). The issue of reasonable suspicion is a mixed question of law and fact and, inasmuch as there is evidence in the record to support the lower courts’ determina *937 tion, this court’s review is at an end (see, People v Castro, 70 NY2d 943, 945). Defendant’s remaining arguments are unpreserved.

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

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.