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PEOPLE v. EVANS

65 N.Y.2d 629 (1985)

The People of the State of New York, Respondent, v. Jeffrey Evans, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1985.

Attorney(s) appearing for the Case

Craig Gurian and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Deborah E. Seidenberg of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The finding by the courts below that the initial stop of defendant by the police was justified presents a mixed question of law and fact which is beyond the review powers of this court if the evidence at the hearing supported the determination made by the lower courts (People v Harrison, 57 N.Y.2d 470, 477...

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