Opinion
Decided April 13, 2000.
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department
Respondent, precluded.
Submitted by Richard V. Manning, for appellant.
MEMORANDUM:
The order of the Appellate Division should be affirmed. Defendant was convicted at a second trial of three counts of arson in the third degree (see, People v. Letendre, 247 A.D.2d 796). The Appellate Division, on the second appeal before that court, affirmed the judgment of conviction (People v. Letendre, ___ A.D.2d __). The Justice dissenting from that decision then granted defendant leave to appeal.
The finding of probable cause made by the Appellate Division on the appeal now before us involves a mixed question of law and fact. Because there is support for the conclusion made by both lower courts, the probable cause issue is beyond this Court's power to review in this case. We have examined defendant's other contentions and conclude that they are without merit.
On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.