The People v. Kysean Stroud

• Court: New York Court of Appeals
• Decided: June 14, 2022
• Docket: 65
• Status: Published

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 -1- -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 Rivera, Garcia, Wilson, Singas, and Cannataro concur. Judge Troutman took no part.

Decided June 14, 2022

-2-