
    [901 NE2d 756, 873 NYS2d 263]
    The People of the State of New York, Appellant, v Elvis Silvestry, Respondent.
    Decided January 13, 2009
    APPEARANCES OF COUNSEL
    
      Richard A. Brown, District Attorney, Kew Gardens (Edward D. Saslaw of counsel), for appellant.
    
      Sally Butler, Bayside, for respondent.
   OPINION OF THE COURT

Memorandum.

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 De Bour, 40 NY2d 210 [1976]).

The People’s other contentions lack merit.

Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.  