People v Wideman

People v Wideman 2022 NY Slip Op 03363 Decided on May 24, 2022 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 24, 2022
No. 63 SSM 4

[*1]The People & c., Respondent,

v

Kamil Wideman, & c., Appellant.

Submitted by Mitch Kessler, for appellant.

Submitted by Jamie A. Douthat, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

A determination of reasonable suspicion is a mixed question of law and fact which we review for record support justifying the officer's action (see People v Parker, 32 NY3d 49, 55 [2018]). On the unique facts of this case, there is record support for the Appellate Division's finding of reasonable suspicion to conduct the pat frisk for officer safety (see generally People v Batista, 88 NY2d 650, 654-655 [1996]).[FN1] Defendant's remaining claim also lacks merit, as he failed to establish that he was prejudiced by the suppression of allegedly material evidence in violation of Brady v Maryland (373 US 83 [1963]) (see e.g. People v Garrett, 23 NY3d 878, 892 [2014]).

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.

Decided May 24, 2022

Footnotes

Footnote 1: We have no occasion to consider whether a search for weapons is reasonable when it is solely justified by a missing or endangered person report.