People v. Lowe

New York Court of Appeals

People v. Lowe

906 N.E.2d 1057, 12 N.Y.3d 768

New York Court of Appeals·Decided March 26, 2009·Published·Cited by 10 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*769 The lower courts’ determinations of probable cause, a mixed question of law and fact, are supported by the minutes of the in camera hearing conducted pursuant to People v Darden (34 NY2d 177 [1974]), and are thus beyond our further review. Accordingly, defendant’s motion to suppress was properly denied.

We have considered defendant’s remaining contentions and find them to be without merit.

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking no part.

Order affirmed in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*769 The lower courts’ determinations of probable cause, a mixed question of law and fact, are supported by the minutes of the in camera hearing conducted pursuant to People v Darden (34 NY2d 177 [1974]), and are thus beyond our further review. Accordingly, defendant’s motion to suppress was properly denied.

We have considered defendant’s remaining contentions and find them to be without merit.

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking no part.

Order affirmed in a memorandum.

People v. Lowe, 906 N.E.2d 1057, 12 N.Y.3d 768 (N.Y. 2009).

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Opinion

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