People v. Silvestry

New York Court of Appeals

People v. Silvestry

901 N.E.2d 756, 11 N.Y.3d 902

CourtNew York Court of Appeals

DecidedJanuary 13, 2009

StatusPublished

Cited by1 cases

This text of 901 N.E.2d 756 (People v. Silvestry) 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. Silvestry, 901 N.E.2d 756, 11 N.Y.3d 902 (N.Y. 2009).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

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. Here record evidence supports the lower courts’ determination that the police lacked such suspicion (People v De Bour, 40 NY2d 210 [1976]).

The People’s other contentions lack merit.

Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

[903]*903On 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