People v. Boyland
979 N.E.2d 1192, 20 N.Y.3d 879
Opinion
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. Whether a protective sweep is justified under particular circumstances involves a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division’s [881]*881resolution of this question, the issue is beyond this Court’s further review. Defendant’s remaining claims are without merit.
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott.
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People v. Boyland, 979 N.E.2d 1192, 20 N.Y.3d 879 (N.Y. 2012).
979 N.E.2d 1192 (People v. Boyland) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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