People v Martin

People v Martin 2012 NY Slip Op 05094 Decided on June 26, 2012 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2012
No. 210 SSM 20

[*1]The People & c., Respondent,

v

Danny Martin, Appellant.




Submitted by Mei Lin Kwan-Gett, for appellant.
Submitted by Jared Wolkowitz, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed (see People v De Bour, 40 NY2d 210 [1976]). Whether Detective Barnes had a founded suspicion to approach defendant, or probable cause to arrest him involve mixed questions of law and fact, beyond our review if the determination is supported by the record. Because such record evidence exists here, the issues are beyond further review by this Court.
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided June 26, 2012