Opinion
03-26-2015
The PEOPLE, etc., Respondent, v. Jeffrey MERCADO, Appellant.
Robert S. Dean, Center for Appellate Litigation, New York City (Claudia Flores of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Allen J. Vickey of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York City (Claudia Flores of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Allen J. Vickey of counsel), for respondent.
Opinion
MEMORANDUM:The order of the Appellate Division should be affirmed. The determinations regarding founded suspicion of criminality justifying a request to search the car, and then the trunk, and defendant's consent to a search of the vehicle, all involve mixed questions of law and fact. The determinations are supported by the record, and are beyond further review (see People v. Valerio, 95 N.Y.2d 924, 925, 721 N.Y.S.2d 601, 744 N.E.2d 136 [2000] ).
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.
Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS–SALAAM, STEIN and FAHEY concur.