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PEOPLE v. IRIZARRY

84 N.Y.2d 854 (1994)

641 N.E.2d 1073

617 N.Y.S.2d 455

The People of the State of New York, Respondent, v. George Irizarry, Appellant.

Court of Appeals of the State of New York.

Decided September 22, 1994.

Attorney(s) appearing for the Case

Francis P. Karam, New York City, for appellant.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Raphael J. Berman 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. Defendant appeals by permission of a dissenting Associate Justice of the Appellate Division. Since the determination below involves an undisturbed mixed question of law and fact, which finds support in the record, we therefore affirm.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed...

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