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THE PEOPLE & C., RESPONDENT, v. DAVID PEREZ , APPELLANT.

88 N.Y.2d 1059, 674 N.E.2d 333, 651 N.Y.S.2d 403 (1996).
October 22, 1996

1 No. 289 SSM 27 [1996 NY Int. 207]
Decided October 22, 1996
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

 Submitted by Adrienne Hale , for Appellant.
Submitted by Michael T. Altman, for Respondent.

* * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed. There is support in the record for the undisturbed finding that, under the circumstances of this case, the actions of the arresting officer were lawful. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Decided October 22, 1996