| People v Martin |
| 2012 NY Slip Op 05094 [19 NY3d 914] |
| June 26, 2012 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, September 5, 2012 |
| The People of the State of New York, Respondent, v Danny Martin, Appellant. |
Decided June 26, 2012
People v Martin, 88 AD3d 473, affirmed.
APPEARANCES OF COUNSEL
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.
Memorandum.
The order of the Appellate Division should be affirmed (see People v De Bour, 40 NY2d 210 [1976]). Whether Detective Barnes{**19 NY3d at 916} 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 exists here, the issues are beyond further review by this Court.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.