In re Gissette Angela P.
Cases that cite this one
5 later published cases cite this decision.
- People v. Battaglia (N.Y. 1995)
- In re Nicole S. (Appellate Division of the Supreme Court of New York 1998)
- People v. Turriago (Appellate Division of the Supreme Court of New York 1996)
- Board of Education v. Christa Construction, Inc. (N.Y. 1993)
- People v. Morris (Appellate Division of the Supreme Court of New York 1993)
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 of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs. The certified question should not be answered as unnecessary.
The courts below determined that a police officer possessed a founded suspicion that criminal activity was afoot sufficient to sanction the common-law inquiry into the contents of a bulge under appellant’s coat and that appellant voluntarily consented to open her coat, thereby revealing a plastic bag containing cocaine. These determinations involve mixed questions of law and fact, and because there is evidence in the record to support the hearing court’s findings, undisturbed by the Appellate Division, our review process is at an end (see, People v Jones, 69 NY2d 853, 855; People v Harrison, 57 NY2d 470, 477-478). Accordingly, we do not reach respondent’s alternative argument that appellant could have been detained pursuant to Family Court Act § 718.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs, in a memorandum. The certified question should not be answered as unnecessary.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.