| People v Silvestry |
| 2009 NY Slip Op 00092 [11 NY3d 902] |
| January 13, 2009 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 4, 2009 |
| The People of the State of New York, Appellant, v Elvis Silvestry, Respondent. |
Decided January 13, 2009
People v Silvestry, 50 AD3d 931, affirmed.
APPEARANCES OF COUNSEL
Richard A. Brown, District Attorney, Kew Gardens (Edward D. Saslaw of counsel), for appellant.
Sally Butler, Bayside, for respondent.
Memorandum.
The order of the Appellate Division should be affirmed.
Whether the circumstances of a particular case rise to the level of reasonable suspicion is a mixed question of law and fact, beyond our review if the determination is supported by the record. Here record evidence supports the lower courts' determination that the [*2]police lacked such suspicion (People v De Bour, 40 NY2d 210 [1976]).
The People's other contentions lack merit.
Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.{**11 NY3d at 903}
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.