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PEOPLE v. SILVESTRY

11 N.Y.3d 902 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ELVIS SILVESTRY, Respondent.

Court of Appeals of the State of New York.

Decided January 13, 2009.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (Edward D. Saslaw of counsel), for appellant.

Sally Butler, Bayside, for respondent.

Acting Chief Judge CIPARICK and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

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 N.Y.2d 210...

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