PEOPLE v. VINCENTE


63 N.Y.2d 745 (1984)

The People of the State of New York, Appellant, v. Jose Vincente, Respondent.

Court of Appeals of the State of New York.

Decided September 18, 1984.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Donald J. Siewert of counsel), for appellant.

Terrence R. Real and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The decision of the suppression court granting defendant's motion to suppress physical evidence turned on its view of the testifying police officer's credibility and on the inferences to be drawn from the facts. Thus, the issue whether the police acted reasonably in stopping and searching defendant is a mixed question of law and fact, which will be...

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