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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CASTRO, Appellant.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

"Whether a police officer has the requisite reasonable suspicion to believe a defendant had been, is then or is about to be engaged in conduct in violation of the law is generally a mixed question of law and fact which can rarely be resolved as a matter of law" (People v Chilton, 69 N.Y.2d 928, 929; People v Harrison, 57 N.Y.2d 470, 477-478). Inasmuch as there is evidence in the record to support the hearing court's finding, undisturbed by the Appellate Division, that there was a sufficient predicate for the officer's interference with defendant as he attempted to walk away from the taxi, our review process is at an end (People v Jones, 69 N.Y.2d 853, 855).

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

Order affirmed in a memorandum.

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PEOPLE v. CASTRO
(Jan 14, 1988)