People v. Kelly

New York Court of Appeals

People v. Kelly

438 N.E.2d 1112, 56 N.Y.2d 873, 453 N.Y.S.2d 397, 1982 N.Y. LEXIS 3488

CourtNew York Court of Appeals

DecidedJune 10, 1982

StatusPublished

Cited by1 cases

This text of 438 N.E.2d 1112 (People v. Kelly) 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.

Bluebook

People v. Kelly, 438 N.E.2d 1112, 56 N.Y.2d 873, 453 N.Y.S.2d 397, 1982 N.Y. LEXIS 3488 (N.Y. 1982).

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Opinion

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed.

The defendants’ contention that the initial entry of the police into the room was not justified, does not raise any question warranting reversal in this court. The finding that the police reasonably believed that an emergency existed involves a mixed question of law and fact. Since there is support in the record for the finding, which has been affirmed by the Appellate Division, it is beyond review in this court. We would note, in addition, that we find no error concerning the proceedings surrounding the pleas.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

In each case: Order affirmed, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed.

The defendants’ contention that the initial entry of the police into the room was not justified, does not raise any question warranting reversal in this court. The finding that the police reasonably believed that an emergency existed involves a mixed question of law and fact. Since there is support in the record for the finding, which has been affirmed by the Appellate Division, it is beyond review in this court. We would note, in addition, that we find no error concerning the proceedings surrounding the pleas.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

In each case: Order affirmed, in a memorandum.

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Bluebook (online)

438 N.E.2d 1112, 56 N.Y.2d 873, 453 N.Y.S.2d 397, 1982 N.Y. LEXIS 3488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-ny-1982.

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