People v. Harrison, 57 N.Y.2d 470 (1982)
The determination of whether reasonable suspicion exists for a stop and frisk is a mixed question of law and fact, limiting the Court of Appeals’ review to whether the record supports the lower courts’ finding.
Summary
The defendant was charged with criminal possession of a weapon and moved to suppress the evidence, arguing the police lacked reasonable suspicion for the stop and frisk. The suppression court denied the motion, and the defendant pleaded guilty. The Appellate Term affirmed the denial. The Court of Appeals affirmed, holding that the existence of reasonable suspicion is a mixed question of law and fact. The Court of Appeals’ review is limited to ascertaining whether the record supports the determination made by the lower courts. Because the record contained adequate support, the Court of Appeals affirmed the Appellate Term’s order.
Facts
Police officers stopped and frisked the defendant, subsequently discovering a weapon. The defendant was then charged with criminal possession of a weapon in the fourth degree, in violation of Penal Law § 265.01. The defendant moved to suppress the gun, arguing the police lacked reasonable suspicion to initiate the stop and frisk.
Procedural History
The suppression court denied the defendant’s motion to suppress, finding the officers had reasonable suspicion. Following the denial, the defendant pleaded guilty to the charge and received an unconditional discharge. The Appellate Term affirmed the suppression court’s decision, adopting the reasoning of the suppression judge. The case then went to the New York Court of Appeals.
Issue(s)
Whether the record supports the determination that the police possessed reasonable suspicion at the time of the stop and frisk, thus justifying the denial of the defendant’s motion to suppress.
Holding
Yes, because the determination of reasonable suspicion is a mixed question of law and fact, and the record contained adequate support for the suppression court’s determination, as affirmed by the Appellate Term. Therefore, the Court of Appeals’ review is limited to ensuring the record supports the lower courts’ findings.
Court’s Reasoning
The Court of Appeals stated that the question of reasonable suspicion is a mixed question of law and fact. As such, its review power is limited. The court can only ascertain whether there is support in the record for the determination made by the lower courts. The court cited People v. McRay, 51 N.Y.2d 594 (1980), to emphasize the limited scope of review. Because there was adequate support in the record for the suppression court’s determination, as affirmed by the Appellate Term, the Court of Appeals affirmed. The Court emphasized, “Whether reasonable suspicion exists at the time of a stop and frisk has been held to be a mixed question of law and fact which is beyond the review powers of this court, other than to ascertain whether the record supports that determination.” This highlights the practical importance of creating a strong record in the suppression hearing, as the Court of Appeals will generally defer to the factual findings of the lower courts if supported by evidence. The ruling emphasizes that the Court of Appeals will not re-weigh the evidence or substitute its judgment for that of the suppression court and the Appellate Term on the issue of reasonable suspicion if there is support for the initial determination.