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PEOPLE v. SIMMONS

No. 139 SSM 25.

30 N.Y.3d 957 (2017)

86 N.E.3d 526

64 N.Y.S.3d 634

2017 NY Slip Op 07211

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN R. SIMMONS, Appellant.

Court of Appeals of New York.

Decided October 17, 2017.

Attorney(s) appearing for the Case

David C. Schopp, The Legal Aid Bureau of Buffalo, Inc., Buffalo ( Barbara J. Davies of counsel), for appellant.

John J. Flynn , District Attorney, Buffalo ( Julie Bender Fiske of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The determination regarding a founded suspicion of criminality, justifying the arresting officer's demand that defendant "show his hands," involves a mixed question of law and fact (see People v Mercado, 25 N.Y.3d 936, 937 [2015]; People v Valerio, 95 N.Y.2d 924, 925 [2000]). Based...

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