Opinion
Decided October 18, 1990
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, John Byrne, J.
Robert T. Johnson, District Attorney (Mark D. Suben of counsel), for appellant.
No appearance for respondent.
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 appeal presents only mixed questions of law and fact. Since there is evidence in the record to support the determination of the court below, further review by this Court is precluded (see, People v Harrison, 57 N.Y.2d 470, 477).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.