People v. Smith — 78 N.Y.2d 897

Majority

p. 897

The People of the State of New York, Respondent, v Derek Smith, Appellant.

Decided June 11, 1991

p. 898

APPEARANCES OF COUNSEL

James Rothe for appellant.

p. 899

Gerald F. Mollen, District Attorney (Joann Rose Parry of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed. The reasonableness of the police officers’ actions presents a mixed question of law and fact and is supported by evidence in the record. This issue is thus beyond this Court’s further review.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.