People v. Evans

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue whether the police acted reasonably in stopping and searching defendant is a mixed question of law and fact, and evidence exists in the record to support the hearing court’s findings as affirmed by the Appellate Division (see, People v Falciglia, 75 NY2d 935, 937; People v Castro, 68 NY2d 850, 851; People v Harrison, 57 NY2d 470).

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of…