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PEOPLE v. FRANCOIS

No. 84 SSM 62

14 N.Y.3d 732 (2010)

923 N.E.2d 583

896 N.Y.S.2d 300

2010 NY Slip Op 1019

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY FRANCOIS, Appellant.

Court of Appeals of New York.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City (Laura Liberman Cohen, Blaine [Fin] V. Fogg, Steven Banks and Seymour W. James, Jr., of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Lindsey M. Kneipper and Eleanor Ostrow of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Appellate Division's determination that the officer's conduct did not elevate his encounter with defendant from a common-law inquiry to a seizure necessitating reasonable suspicion constitutes a resolution of a mixed question of law and fact that is supported by the record evidence (see generally People v Wheeler, 2 N.Y.3d 370

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