January 13, 2009
THE PEOPLE ET AL., APPELLANT,
ELVIS SILVESTRY, RESPONDENT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
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 police lacked such suspicion (People v DeBour, 40 NY2d 210 ).
The People's other contentions lack merit.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum.
Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.
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