PEOPLE v. SMITH

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed. The reasonableness of the police officers' actions presents a mixed question of law and fact and is supported by evidence in the record. This issue is thus beyond this Court's further review.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.