People v Stroud

People v Stroud 2022 NY Slip Op 03862 Decided on June 14, 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 June 14, 2022
No. 65 SSM 7

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

v

Kysean Stroud, Appellant.

Submitted by Terrence M. Connors, for appellant.

Submitted by Matthew B. Powers, 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 is beyond our further review if there is legally sufficient record support for the determinations of the courts below (see People v Parker, 32 NY3d 49, 55 [2018]). The record contains support for the lower courts' finding of reasonable suspicion to stop the car in which defendant was a passenger (see People v Chestnut, 43 AD2d 260 [3d Dept 1974], affd 36 NY2d 971 [1975]). Defendant's remaining contention lacks merit.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Garcia, Singas, and Cannataro concur. Judge Troutman took no part.

Decided June 14, 2022