| People v Wideman |
| 2022 NY Slip Op 03363 [38 NY3d 1067] |
| May 24, 2022 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 10, 2022 |
| The People of the State of New York, Respondent, v Kamil Wideman, Also Known as Rashawn Wideman, Also Known as Jazz, Appellant. |
Decided May 24, 2022
People v Wideman, 192 AD3d 1384, affirmed.
Mitch Kessler, Cohoes, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Jamie A. Douthat of counsel), 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 we review for record support justifying the officer's action (see People v Parker, 32 NY3d 49, 55 [2018]). On the unique facts of this case, there is record support for the Appellate Division's finding of reasonable suspicion to conduct the pat frisk for officer safety (see generally People v Batista, 88 NY2d 650, 654-655 [1996]).[FN*] Defendant's remaining claim also lacks merit, as he failed to establish that he was prejudiced by the suppression of allegedly material evidence in violation of Brady v Maryland (373 US 83 [1963]) (see e.g. People v Garrett, 23 NY3d 878, 892 [2014]).
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.
[*2]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.