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JANUARY, 2004
=============================================

This memorandum is uncorrected and subject to revision before publication in the New York Reports.
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1 No. 65 SSM 32 The People &c.,
Respondent, v. Shaban Celaj, Appellant.

Submitted by Steven R. Kartagener, for appellant. Submitted by Yael V. Levy, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. The determination of reasonable suspicion made by Supreme Court and affirmed by the Appellate Division involves a mixed question of law and fact which is supported by evidence in the record. Consequently, the issue is beyond further review by this Court.

* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

Decided January 12, 2004


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