People v Francois, 14 NY3d at 733 (2010)

2010 NY Slip Op 01019 [14 NY3d 732]
February 11, 2010
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Jerry Francois, Appellant.

Decided February 11, 2010

People v Francois, 61 AD3d 524, affirmed.

{**14 NY3d at 733} OPINION OF THE COURT

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.