| People v Francois |
| 2010 NY Slip Op 01019 [14 NY3d 732] |
| February 11, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 31, 2010 |
| The People of the State of New York, Respondent, v Jerry Francois, Appellant. |
Decided February 11, 2010
People v Francois, 61 AD3d 524, affirmed.
APPEARANCES OF COUNSEL
Legal Aid Society, Criminal Appeals Bureau, New York City (Laura Liberman Cohen, Blaine [Fin] V. Fogg, Steven Banks and Seymour W. James, Jr., of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Lindsey M. Kneipper and Eleanor Ostrow of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed. [*2]
The Appellate Division's determination that the officer's conduct did not elevate his encounter with defendant from a common-law inquiry to a seizure necessitating reasonable suspicion constitutes a resolution of a mixed question of law and fact that is supported by the record evidence (see generally People v Wheeler, 2 NY3d 370, 373 [2004]), and is therefore beyond this Court's further power of review (see People v Battaglia, 86 NY2d 755, 756 [1995]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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.