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PEOPLE v. LEWIS

82 N.Y.2d 839 (1993)

626 N.E.2d 931

606 N.Y.S.2d 146

The People of the State of New York, Respondent, v. David Lewis, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1993.

Attorney(s) appearing for the Case

Jonathan G. Hager, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Sholom J. Twersky of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. Whether the police officers had reasonable suspicion to handle defendant's jacket, which defendant dropped right next to him, involves a mixed question of law and fact (see, People v Hicks, 68 N.Y.2d 234, 238). Where the record supports a determination of such reasonable suspicion, it is beyond the scope of...

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