Opinion
02-17-2015
The PEOPLE of the State of New York, Respondent, v. John GIBSON, Appellant.
John P.M. Wappett, Public Defender, Lake George (Bryan M. Racino of counsel), for appellant. Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
John P.M. Wappett, Public Defender, Lake George (Bryan M. Racino of counsel), for appellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
Opinion
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 N.Y.2d 942, 722 N.Y.S.2d 464, 745 N.E.2d 383 [2000], People v. Hallman, 92 N.Y.2d 840, 677 N.Y.S.2d 64, 699 N.E.2d 423 [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 took 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.