PEOPLE v. SIMMONS (2017)

Court of Appeals of New York.

The PEOPLE & c., Respondent, v. John R. SIMMONS, Appellant.

Decided: October 17, 2017

Submitted by Barbara J. Davies, for appellant. Submitted by Julie Bender Fiske, for respondent.

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 on the police officer's experience handling gun cases, the high crime rate and gang violence in the patrol area, the recent reports of gunshots fired near the location where defendant was first observed, and defendant's clutching of his waistband, there is record evidence to support a finding of founded suspicion. The totality of these circumstances provides sufficient indicia of criminality to warrant a level-two inquiry under People v. De Bour (40 N.Y.2d 210, 223 [1976] ). Therefore, the determinations made below are beyond our further review.

Order affirmed, in a memorandum.

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network