People v. Davis

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*1144On this appeal, it is argued that a police officer’s instruction to defendant to place a plastic bag in his possession on the ground, and the officer’s subsequent search of the bag, were unsupported by reasonable suspicion as a matter of law. Reasonable suspicion involves a mixed question of law and fact, which is beyond the review powers of this court if there is evidence adduced at the suppression hearing which supports the determination made by the courts below. (People v Harrison, 57 NY2d 470, 477.)

In…