Opinion
Argued March 22, 1988
Decided April 21, 1988
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jerome Reinstein, J.
James A. Burke, Philip L. Weinstein and Andrew C. Fine for appellant.
Paul T. Gentile, District Attorney (Michael R. Gordon and Peter D. Coddington of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
The question of whether defendant's wife voluntarily consented to the search of their apartment presents a mixed question of law and fact. Having been resolved against the defendant in the lower courts, and finding support in the record, this question is now beyond our review (see, People v Meredith, 49 N.Y.2d 1038, 1039).
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
Order affirmed in a memorandum.