People v Shaban Celaj

People v Celaj 2004 NY Slip Op 00097 [1 NY3d 588] January 12, 2004 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 7, 2004

[*1] The People of the State of New York, Respondent,
v
Shaban Celaj, Appellant.

Decided January 12, 2004

People v Celaj, 306 AD2d 71, affirmed.

APPEARANCES OF COUNSEL

Steven R. Kartagener, New York City, for appellant.

Robert T. Johnson, District Attorney, Bronx (Yael V. Levy of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The determination of reasonable suspicion made by Supreme Court and affirmed by the Appellate Division involves a mixed question of law and fact which is supported by evidence in the record. Consequently, the issue is beyond further review by this Court.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and Read 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.