The People v. Kysean Stroud

Opinion

State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 65 SSM 7 The People &c., Respondent, v.

Kysean Stroud, Appellant.

Submitted by Terrence M. Connors, for appellant. Submitted by Matthew B. Powers, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

A determination of reasonable suspicion is a mixed question of law and fact which is beyond our further review if there is legally sufficient record support for the

2

-2- SSM No. 7 determinations of the courts below (see People v Parker, 32 NY3d 49, 55 [2018]). The record contains support for the lower courts’ finding of reasonable suspicion to stop the car in which defendant was a passenger (see People v Chestnut, 43 AD2d 260 [3d Dept 1974], affd 36 NY2d 971 [1975]). Defendant’s remaining contention lacks merit.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Garcia, Singas, and Cannataro concur. Judge Troutman took no part.

Decided June 14, 2022