v. Tony William, Appellant. v. << (2012)

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Whether the circumstances of a particular case rise to the level of reasonable suspicion presents a mixed question of law and fact that is beyond our review if the determination has record support (see People v. Pines, 99 N.Y.2d 525, 527 [2002] ).   In this case, although different conclusions may have been reasonable at the fact-finding level, record evidence supports the lower courts' determination that the police possessed reasonable suspicion and our review therefore ends (see People v. Hicks, 68 N.Y.2d 234, 238 [1986] ).   Similarly, “[w]hether a showup is reasonable under the circumstances and/or unduly suggestive are mixed questions of law and fact” (People v. Gilford, 16 NY3d 864, 868 [2011] ).   The determinations of the courts below that the showup was reasonable and not unduly suggestive are supported by the record and are likewise beyond our further review.

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Order affirmed, in a memorandum.   Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.