PEOPLE v. STROUD (2022)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Kysean STROUD, Appellant.

No. 65 SSM 7

Decided: June 14, 2022

Connors LLP, Buffalo (Terrence M. Connors, Rebecca F. Izzo and Kelly E. Riley of counsel), for appellant. John J. Flynn, District Attorney, Buffalo (Matthew B. Powers of counsel), for respondent.

OPINION OF THE COURT

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 N.Y.3d 49, 55, 84 N.Y.S.3d 838, 109 N.E.3d 1138 [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 A.D.2d 260, 351 N.Y.S.2d 26 [3d Dept. 1974], affd 36 N.Y.2d 971, 373 N.Y.S.2d 564, 335 N.E.2d 865 [1975]). Defendant's remaining contention lacks merit.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, and Cannataro concur. Judge Troutman took no part.

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