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

People v. Francois

923 N.E.2d 583, 14 N.Y.3d 732, 896 N.Y.S.2d 300, 2010 NY Slip Op 1019
CourtNew York Court of Appeals
DecidedFebruary 11, 2010
Docket84 SSM 62
StatusPublished
Cited by25 cases

This text of 923 N.E.2d 583 (People v. Francois) 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. Francois, 923 N.E.2d 583, 14 N.Y.3d 732, 896 N.Y.S.2d 300, 2010 NY Slip Op 1019 (N.Y. 2010).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The Appellate Division’s determination that the officer’s conduct did not elevate his encounter with defendant from a common-law inquiry to a seizure necessitating reasonable suspicion constitutes a resolution of a mixed question of law and fact that is supported by the record evidence (see generally People v Wheeler, 2 NY3d 370, 373 [2004]), and is therefore beyond this Court’s further power of review (see People v Battaglia, 86 NY2d 755, 756 [1995]).

Chief Judge Lippman 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Townsend
2022 NY Slip Op 00738 (Appellate Division of the Supreme Court of New York, 2022)
People v. Smith
2018 NY Slip Op 8798 (Appellate Division of the Supreme Court of New York, 2018)
People v. Small
2017 NY Slip Op 8856 (Appellate Division of the Supreme Court of New York, 2017)
People v. Davis
2017 NY Slip Op 5038 (Appellate Division of the Supreme Court of New York, 2017)
People v. Hill
2017 NY Slip Op 4236 (Appellate Division of the Supreme Court of New York, 2017)
People v. Jiminez
2017 NY Slip Op 1152 (Appellate Division of the Supreme Court of New York, 2017)
People v. Cabrera
135 A.D.3d 412 (Appellate Division of the Supreme Court of New York, 2016)
People v. Nonni
135 A.D.3d 52 (Appellate Division of the Supreme Court of New York, 2015)
People v. Montero
130 A.D.3d 474 (Appellate Division of the Supreme Court of New York, 2015)
People v. Donald R.
127 A.D.3d 575 (Appellate Division of the Supreme Court of New York, 2015)
People v. English
118 A.D.3d 558 (Appellate Division of the Supreme Court of New York, 2014)
People v. Michimani
115 A.D.3d 528 (Appellate Division of the Supreme Court of New York, 2014)
People v. Letriz
103 A.D.3d 446 (Appellate Division of the Supreme Court of New York, 2013)
People v. Perry
102 A.D.3d 472 (Appellate Division of the Supreme Court of New York, 2013)
People v. Shands
85 A.D.3d 583 (Appellate Division of the Supreme Court of New York, 2011)
People v. Paige
945 N.E.2d 1028 (New York Court of Appeals, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
923 N.E.2d 583, 14 N.Y.3d 732, 896 N.Y.S.2d 300, 2010 NY Slip Op 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-francois-ny-2010.