# People v. Gibson

> New York Court of Appeals · February 17, 2015 · 24 N.Y.3d 1125

URL: https://www.frixlaw.com/law-library/cases/5489744

## Case

- **Full name:** The People of the State of New York v. John Gibson
- **Court:** New York Court of Appeals
- **Decided:** February 17, 2015
- **Citations:** 24 N.Y.3d 1125; 3 N.Y.S.3d 320; 26 N.E.3d 1175
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Abdus, Fahey, Lippman, Pigott, Read, Rivera, Salaam, Stein
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5489744

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5489744. Public record. Not legal advice.