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The People &C v. Tony William

June 12, 2012

THE PEOPLE &C., RESPONDENT,
v.
TONY WILLIAM, APPELLANT.



This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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 NY2d 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 NY2d 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.

Order affirmed, in a memorandum.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

20120612

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