Opinion
No. 72 SSM 26
02-17-2015
The People of the State of New York, Respondent, v. John Gibson, Appellant.
Submitted by Bryan M. Racino, for appellant. Submitted by Emilee B. Davenport, for respondent.
Submitted by Bryan M. Racino, for appellant.
Submitted by Emilee B. Davenport, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
A determination whether exigent circumstances existed to justify the warrantless entry into the apartment involves a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's resolution of this question; the issue is beyond this Court's power of review (see People v Brown , 95 NY2d 942 [2000], People v Hallman , 92 NY2d 840 [1998]).
We agree with the Appellate Division that defendant's remaining contentions lack merit or are unpreserved.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur. Judges Stein and Fahey took no part.
Decided February 17, 2015