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PEOPLE v. SMITH

78 N.Y.2d 897 (1991)

The People of the State of New York, Respondent, v. Derek Smith, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1991.

Attorney(s) appearing for the Case

James Rothe for appellant.

Gerald F. Mollen, District Attorney (Joann Rose Parry of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed. The reasonableness of the police officers' actions presents a mixed question of law and fact and is supported by evidence in the record. This issue is thus beyond this Court's further...

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