The People v. Kamil Wideman

State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 63 SSM 4 The People &c., Respondent, v. Kamil Wideman, &c., Appellant.

Submitted by Mitch Kessler, for appellant. Submitted by Jamie A. Douthat, for respondent.

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 -1-

-2- SSM No. 4 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]).* 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]).

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas, Cannataro and Troutman concur.

Decided May 24, 2022

* 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. -2-