People v. Evans

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The finding by the courts below that the initial stop of defendant by the police was justified presents a mixed question of law and fact which is beyond the review powers of this court if the evidence at the hearing supported the determination made by the lower courts (People v Harrison, 57 NY2d 470, 477; People v Wharton, 46 NY2d 924, 925).

The evidence adduced at the hearing indicated that the arresting officers, while on routine patrol in an unmarked car in The Bronx, observed defendant running from the…