Opinion
Decided May 3, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HORTENSE W. GABEL, J.
Robert M. Morgenthau, District Attorney ( Charles E. Knapp of counsel), for appellant.
Edith Blumberg for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed. Where, as here, there is evidence to support the determinations that there was an arrest and that there was no probable cause for the arrest, these mixed questions of law and fact are beyond the power of this court to review (see People v Harrison, 57 N.Y.2d 470, 477; People v Wharton, 46 N.Y.2d 924, 925).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed in a memorandum.