People v. Allen

New York Court of Appeals
People v. Allen, 881 N.E.2d 214 (N.Y. 2008)
9 N.Y.3d 1013; 851 N.Y.S.2d 118
Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones Concur

People v. Allen

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*1015 Whether the circumstances of a particular case rise to the level of reasonable suspicion is a mixed question of law and fact, beyond our review if the determination is supported by the record. A determination that the police possessed the common-law right to inquire is also a mixed question of law and fact subject to this Court’s limited review. Here, record evidence supports the lower courts’ determinations regarding both reasonable suspicion and the common-law right to inquire (see People v De Bour, 40 NY2d 210 [1976]).

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones 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.

Reference

Full Case Name
The People of the State of New York, Respondent, v Brandon Allen, Appellant
Cited By
13 cases
Status
Published