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People v. Allen

881 N.E.2d 214, 9 N.Y.3d 1013, 851 N.Y.S.2d 118
CourtNew York Court of Appeals
DecidedJanuary 10, 2008
StatusPublished
Cited by13 cases

This text of 881 N.E.2d 214 (People v. Allen) 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
People v. Allen, 881 N.E.2d 214, 9 N.Y.3d 1013, 851 N.Y.S.2d 118 (N.Y. 2008).

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.

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Cite This Page — Counsel Stack

Bluebook (online)
881 N.E.2d 214, 9 N.Y.3d 1013, 851 N.Y.S.2d 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-allen-ny-2008.