Opinion

People v. Gibson

  • 24 N.Y.3d 1125
  • 3 N.Y.S.3d 320
  • 26 N.E.3d 1175
Court
New York Court of Appeals
Filed
Feb 17, 2015
Status
Published
On the bench
Abdus, Fahey, Lippman, Pigott, Read, Rivera, Salaam, Stein
Cited by
20 cases
Authority
More cited than 76.2%

The opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*1126 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.

Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur; Judges Stein and Fahey taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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