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.