In re Gissette Angela P.

New York Court of Appeals

In re Gissette Angela P.

600 N.E.2d 227, 80 N.Y.2d 863, 587 N.Y.S.2d 596, 1992 N.Y. LEXIS 1600

CourtNew York Court of Appeals

DecidedJuly 2, 1992

StatusPublished

Cited by6 cases

This text of 600 N.E.2d 227 (In re Gissette Angela P.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Gissette Angela P., 600 N.E.2d 227, 80 N.Y.2d 863, 587 N.Y.S.2d 596, 1992 N.Y. LEXIS 1600 (N.Y. 1992).

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Opinion

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.

[865]*865Chief Judge Wachtler and Judges Simons, Kaye, 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, without costs, in a memorandum. The certified question should not be answered as unnecessary.

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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.

[865]*865Chief Judge Wachtler and Judges Simons, Kaye, 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, without costs, in a memorandum. The certified question should not be answered as unnecessary.

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Bluebook (online)

600 N.E.2d 227, 80 N.Y.2d 863, 587 N.Y.S.2d 596, 1992 N.Y. LEXIS 1600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gissette-angela-p-ny-1992.

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