IN THE MATTER OF GISSETTE ANGELA P. (ANONYMOUS), A
PERSON ALLEGED TO BE A JUVENILE DELINQUENT,
80 N.Y.2d 863, 600 N.E.2d 227, 587 N.Y.S.2d 596 (1992).
July 2, 1992
1 No. 229 SSM 37
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Carol Goldstein, for Appellant.
Submitted by Lawrence A. Salvato, for Respondent.
The order of the Appellate Division should be affirmed, without costs.
The courts below determined that a police officer possessed a founded suspicion that criminal activity was afoot sufficient to sanction the common-law inquiry into the contents of a bulge under appellant's coat and that appellant voluntarily consented to open her coat, thereby revealing a plastic bag containing cocaine. These determinations involve mixed questions of law and fact, and because there is evidence in the record to support the hearing court's findings, undisturbed by the Appellate Division, our review process is at an end (see, People v Jones, 69 NY2d 853, 855; People v Harrison, 57 NY2d 470, 477-478). Accordingly, we do not reach respondent's alternative argument that appellant could have been detained pursuant to Family Court Act § 718.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without costs, in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.