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PEOPLE v. EVANS

83 N.Y.2d 934 (1994)

638 N.E.2d 958

615 N.Y.S.2d 313

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

Court of Appeals of the State of New York.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Vincent F. Gugino, Buffalo, and Linda S. Reynolds for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Susan D. Nusbaum of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue whether the police acted reasonably in stopping and searching defendant is a mixed question of law and fact, and evidence exists in the record to support the hearing court's findings as affirmed by the Appellate Division (see, People v Falciglia, 75 N.Y.2d 935, 937; People v Castro

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