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PEOPLE v. MARTIN

No. 210 SSM 20.

19 N.Y.3d 914 (2012)

973 N.E.2d 179

950 N.Y.S.2d 84

2012 NY Slip Op 5094

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY MARTIN, Appellant.

Court of Appeals of New York.

Decided June 26, 2012.

Attorney(s) appearing for the Case

Willkie Farr & Gallagher LLP, New York City ( Mei Lin Kwan-Gett and James F. Caputo of counsel), and Legal Aid Society of New York ( Denise Fabiano and Steven Banks of counsel) for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jared Wolkowitz and Sheila O'Shea of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed (see People v De Bour, 40 N.Y.2d 210 [1976]). Whether Detective Barnes had a founded suspicion to approach defendant, or probable cause to arrest him involve mixed questions of law and fact, beyond our review if the determination is supported by the record. Because such record evidence...

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