People v. Castro
New York Court of Appeals
1Opinion of the Court
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; 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…
2Cases cited3 opinions
- People v. HarrisonNew York Court of Appeals · 1982
- People v. JonesNew York Court of Appeals · 1987
- People v. ChiltonNew York Court of Appeals · 1987
3Cited by5 opinions
- People v. FalcigliaNew York Court of Appeals · 1990
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 1998
- People v. GarveyAppellate Division of the Supreme Court of the State of New York · 1996
- People v. OliverAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2005