Majority
p. 934[638 NE2d 958, 615 NYS2d 313] The People of the State of New York, Respondent, v Ronald E. Evans, Appellant. Decided June 16, 1994
p. 935
APPEARANCES OF COUNSEL
Vincent F. Gugino, Buffalo, and Linda S. Reynolds for appellant.
Kevin M. Dillon, District Attorney of Erie County, Buffalo (Susan D. Nusbaum of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The issue whether the police acted reasonably in stopping and searching defendant is a mixed question of law and fact, and evidence exists in the record to support the hearing court’s findings as affirmed by the Appellate Division (see, People v Falciglia, 75 NY2d 935 , 937; People v Castro, 68 NY2d 850 , 851; People v Harrison, 57 NY2d 470 ).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Cases cited
- People v. Falciglia 75 NY2d 935 at 937 p. 935
- People v. Castro 68 NY2d 850 at 851 p. 935
- People v. Harrison 57 NY2d 470 p. 935