THE PEOPLE &C., RESPONDENT, v. DAVID LEWIS, APPELLANT.
82 N.Y.2d 839, 626 N.E.2d 931, 606 N.Y.S.2d 146 (1993).
November 23, 1993
2 No. 295 SSM 45 (1993 NY Int. 247)
Decided November 23, 1993
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Jonathan G. Hager, for Appellant.
Submitted by Sholom J. Twersky, for Respondent.
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MEMORANDUM:
The order of the Appellate Division should be affirmed. Whether the
police officers had reasonable suspicion to handle defendant's jacket,
which defendant dropped right next to him, involves a mixed question
of law and fact (see, People v Hicks, 68 NY2d 234, 238). Where the
record supports a determination of such reasonable suspicion, it is
beyond the scope of further review by this Court (see, People v
Diaz, 81 NY2d 106, 108; People v Cloud, 79 NY2d 786, 786-787;
People v Burr, 70 NY2d 354, 360-361, cert denied, 485 US 989; People v
Hicks, 68 NY2d 234, 238, supra). Evidence in the record supports the
Appellate Division's determination that the officer had reasonable
suspicion to handle defendant's jacket. The record indicates that, in
responding to the radio transmission that someone had been shot in a
Brooklyn apartment, the police discovered blood in the hallway near
the elevator on the same floor on which the apartment was located, and
heard arguing and loud music coming from the apartment. Defendant, who
was in the apartment, appeared startled when he saw the officers and
immediately dropped his jacket to the floor. When the jacket hit the
bare floor, the officer heard a metallic "thunk," picked up the
jacket, and recovered a gun.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone,
Hancock, Bellacosa, Smith and Levine concur.
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. DAVID LEWIS, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York
Whether the police officers had reasonable suspicion to handle defendant's jacket, which
Evidence in the record supports the Appellate Division's determination that the officer had
The record indicates that, in responding to the radio transmission that someone had been shot
When the jacket hit the bare floor, the officer heard a metallic "thunk," picked up the
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a
Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa, Smith and Levine concur.
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