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PEOPLE v. SILVESTRY

No. 49 SSM 52

2009 NY Slip Op 00092

THE PEOPLE & C., Appellant, v. ELVIS SILVESTRY, Respondent.

Court of Appeals of the State of New York.

Decided January 13, 2009.

Attorney(s) appearing for the Case

Submitted by Edward D. Saslaw, for appellant.

Submitted by Sally Butler, for respondent.

Before: Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

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' determination that the police lacked such suspicion (People v DeBour, 40 N.Y.2d 210 [1976]).

The People...

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