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People v. Falciglia

554 N.E.2d 1269, 75 N.Y.2d 935, 555 N.Y.S.2d 681, 1990 N.Y. LEXIS 680
CourtNew York Court of Appeals
DecidedApril 3, 1990
StatusPublished
Cited by14 cases

This text of 554 N.E.2d 1269 (People v. Falciglia) 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. Falciglia, 554 N.E.2d 1269, 75 N.Y.2d 935, 555 N.Y.S.2d 681, 1990 N.Y. LEXIS 680 (N.Y. 1990).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

As the Appellate Division properly concluded, defendant was not entitled to a missing witness charge (see, People v Gonzalez, 68 NY2d 424). The issue of reasonable suspicion is a mixed question of law and fact and, inasmuch as there is evidence in the record to support the lower courts’ determina *937 tion, this court’s review is at an end (see, People v Castro, 70 NY2d 943, 945). Defendant’s remaining arguments are unpreserved.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, 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 in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
554 N.E.2d 1269, 75 N.Y.2d 935, 555 N.Y.S.2d 681, 1990 N.Y. LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-falciglia-ny-1990.