The People v. Elvis Silvestry
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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 49 SSM 52 The People &c., Appellant, v. Elvis Silvestry, Respondent. Submitted by Edward D. Saslaw, for appellant. Submitted by Sally Butler, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed. Whether the circumstances of a particular case rise to the level of reasonable suspicion is a mixed question of law and fact, beyond our review if the determination is supported by the record. Here record evidence supports the lower courts - 1 - - 2 - SSM No. 52 determination that the police lacked such suspicion (People v DeBour, 40 NY2d 210 [1976]). The People s other contentions lack merit. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur. Decided January 13, 2009 - 2 -
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