The People v. Jerry Francois
Annotate this Case
Download PDF
================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 84 SSM 62 The People &c., Respondent, v. Jerry Francois, Appellant. Submitted by Laura Lieberman Cohen, for appellant. Submitted by Lindsey M. Kneipper, for respondent. 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 - 1 - - 2 - SSM No. 62 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 NY3d 370, 373 [2004]), and is therefore beyond this Court's further power of review (see People v Battaglia, 86 NY2d 755, 756 [1995]). * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided February 11, 2010 - 2 -
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
