Home/New York Court of Appeals/People v. Gibson

People v. Gibson

26 N.E.3d 1175, 24 N.Y.3d 1125, 3 N.Y.S.3d 320
New York Court of Appeals·Decided February 17, 2015·Published·Cited by 22 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

[1126] 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 NY2d 942 [2000]; People v Hallman, 92 NY2d 840 [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 taking 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.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Gibson, 26 N.E.3d 1175, 24 N.Y.3d 1125, 3 N.Y.S.3d 320 (N.Y. 2015).

26 N.E.3d 1175 (People v. Gibson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Edwards
2026 NY Slip Op 00171 (Appellate Division of the Supreme Court of New York, 2026)
People v. Ortiz
2025 NY Slip Op 50756(U) (Albany County Court, 2025)
People v. Weber
2024 NY Slip Op 01952 (Appellate Division of the Supreme Court of New York, 2024)
People v. Austin
214 A.D.3d 1391 (Appellate Division of the Supreme Court of New York, 2023)
People v. Almenteros
184 N.Y.S.3d 852 (Appellate Division of the Supreme Court of New York, 2023)
People v. Cazeau
2021 NY Slip Op 01806 (Appellate Division of the Supreme Court of New York, 2021)
People v. McLeod
2020 NY Slip Op 08125 (Appellate Division of the Supreme Court of New York, 2020)
People v. Gilley
2018 NY Slip Op 5226 (Appellate Division of the Supreme Court of New York, 2018)
People v. Sears
2018 NY Slip Op 4980 (Appellate Division of the Supreme Court of New York, 2018)
People v. Alberts
2018 NY Slip Op 3393 (Appellate Division of the Supreme Court of New York, 2018)
People v. Robinson
2017 NY Slip Op 8906 (Appellate Division of the Supreme Court of New York, 2017)
The People v. Shawn J. Sivertson
77 N.E.3d 349 (New York Court of Appeals, 2017)
JUNIOUS, MALQUAN R., PEOPLE v
Appellate Division of the Supreme Court of New York, 2016
People v. Junious
145 A.D.3d 1606 (Appellate Division of the Supreme Court of New York, 2016)
People v. Harris
141 A.D.3d 1024 (Appellate Division of the Supreme Court of New York, 2016)
People v. King
137 A.D.3d 1424 (Appellate Division of the Supreme Court of New York, 2016)
People v. Green
127 A.D.3d 1473 (Appellate Division of the Supreme Court of New York, 2015)