People v Wideman, 38 NY3d at 161 (2022)

2022 NY Slip Op 03363 [38 NY3d 1067]
May 24, 2022
Court of Appeals

[*1]

In the Matter of 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.

{**38 NY3d at 161} 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 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.

Footnotes

Footnote *:We have no occasion to consider whether a search for weapons is reasonable when it is solely justified by a missing or endangered person report.