People v. Jose
This text of 724 N.E.2d 366 (People v. Jose) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed. The determination whether defendant had a legitimate expectation of privacy involved a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division’s determination of this mixed question, the issue is beyond this Court’s further review (see, e.g., People v Ortiz, 83 NY2d 840, 843).
*846 Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Order affirmed in a memorandum.
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Cite This Page — Counsel Stack
724 N.E.2d 366, 94 N.Y.2d 844, 702 N.Y.S.2d 574, 1999 N.Y. LEXIS 3924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jose-ny-1999.