People v. Castro

519 N.E.2d 614, 70 N.Y.2d 943, 524 N.Y.S.2d 668, 1988 N.Y. LEXIS 4

Opinion

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 officer’s interference with defendant as he attempted to walk away from the taxi, our review process is at an end (People v Jones, 69 NY2d 853, 855).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.