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People v. Evans

Court of Appeals of the State of New York
Jun 16, 1994
83 N.Y.2d 934 (N.Y. 1994)

Opinion

Decided June 16, 1994

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph S. Forma, J.

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.


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 N.Y.2d 935, 937; People v Castro, 68 N.Y.2d 850, 851; People v Harrison, 57 N.Y.2d 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 N.Y.CRR 500.4), order affirmed in a memorandum.


Summaries of

People v. Evans

Court of Appeals of the State of New York
Jun 16, 1994
83 N.Y.2d 934 (N.Y. 1994)
Case details for

People v. Evans

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD E. EVANS…

Court:Court of Appeals of the State of New York

Date published: Jun 16, 1994

Citations

83 N.Y.2d 934 (N.Y. 1994)
615 N.Y.S.2d 867
639 N.E.2d 406

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