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1
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OPINION
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EXTRACTED KEY WORDS
APPELLANT REVIEW COURTS JUDGE SSM INT MEMORANDUM PUBLICATION YORK REPORTS ALLEN FALLEK KEITH DOLAN SUBMISSIONS PURSUANT POLICE REASONABLE SUSPICION DEFENDANT MIXED QUESTION LAW EVIDENCE SUPPORT DETERMINATION HARRISON NY2D CHIEF JUDGE KAYE JUDGES SIMONS TITONE BELLACOSA SMITH LEVINE CIPARICK CONCUR |
THE PEOPLE & C., RESPONDENT v. THOMAS BIANCHI APPELLANT
85 N.Y.2d 1022, 655 N.E.2d 396, 631 N.Y.S.2d 282
June 15, 1995
2 No. 243 SSM 35 (1995 NY Int. 161)
Decided June 15, 1995
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Allen Fallek, for Appellants.
Submitted by Keith Dolan, for Respondent.
* * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed. The issue whether the police had reasonable suspicion to
stop defendant is a mixed question of law and fact. There being
evidence in the record to support the determination of the courts
below, the issue is beyond further review by this Court (People v
Harrison, 57 NY2d 470). Chief Judge Kaye and Judges Simons, Titone,
Bellacosa, Smith, Levine and Ciparick concur
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