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People v. Fletcher

27 N.Y.3d 1177 Court N.Y. Decision date 2016-08-25 English

Judges Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

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p. 1177
[58 NE3d 1111, 37 NYS3d 474]
The People of the State of New York, Respondent, v Cliffton Fletcher, Appellant.
Decided August 25, 2016
APPEARANCES OF COUNSEL
Lynn W.L. Fahey, Appellate Advocates, New York City (Dina Zloczower of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn (Howard B. Goodman of counsel), for respondent.
p. 1178
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Whether the circumstances of this particular case gave rise to reasonable suspicion presents a mixed question of law and fact that is beyond our review if there is support in the record for the determination (see People v William, 19 NY3d 891 , 893 [2012]; People v Pines, 99 NY2d 525 , 527 [2002]). Here, such record support exists. Defendant’s remaining argument has been considered and found to be lacking in merit.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

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