Home/New York Court of Appeals/People v. Battaglia

People v. Battaglia

655 N.E.2d 169, 86 N.Y.2d 755, 631 N.Y.S.2d 128, 1995 N.Y. LEXIS 2231
New York Court of Appeals·Decided July 5, 1995·Published·Cited by 48 cases

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s vehicle was stopped by the police at 3:00 in the morning for proceeding the wrong way down a one-way street. The driver of the vehicle provided what the police rationally concluded was a false identification. In our view, this constitutes sufficient record support for the lower courts’ findings that the police possessed a founded suspicion of criminality justifying a common-law inquiry in the form of a request for defendant to consent to a search of the vehicle (People v Hollman, 79 NY2d 181, 191-192). Because this determination involves a mixed question of law and fact, beyond our power of review to the extent there is a finding below with record support (see, Matter of Gissette Angela P., 80 NY2d 863, 864), our review process is exhausted.

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People v. Battaglia, 655 N.E.2d 169, 86 N.Y.2d 755, 631 N.Y.S.2d 128, 1995 N.Y. LEXIS 2231 (N.Y. 1995).

655 N.E.2d 169 (People v. Battaglia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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