NY: Officer safety a mixed question of law and fact with record support; affirmed

“The issue whether ‘the likelihood of a weapon in [defendant's] car [was] substantial and the danger to the … safety [of the officers who stopped that vehicle was] “actual and specific”’ … presents a mixed question of law and fact …. Here, there is record support for the determination that those circumstances existed and justified the limited search of the interior of that vehicle …. Consequently, defendant’s challenge to the denial of his suppression motion is beyond this Court’s further review ….” People v. Hardee, 2017 NY Slip Op 08038, 2017 N.Y. LEXIS 3205 (Nov. 16, 2017) (memorandum, but with dissents).

Defendant’s IAC claim is mistaken: there was a search warrant for his belongings at the hospital where he went after being shot by his rape victim. State v. Lewis, 2017 La. App. LEXIS 2069 (La.App. 2 Cir. Nov. 15, 2017).*

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