People v. Mercado

New York Court of Appeals

People v. Mercado

28 N.E.3d 1181, 25 N.Y.3d 936, 5 N.Y.S.3d 741

New York Court of Appeals·Decided March 26, 2015·Published·Cited by 15 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The determinations regarding founded suspicion of criminality justifying a request to search the car, and then the trunk, and defendant’s consent to a search of the vehicle, all involve mixed questions of law and fact. The determinations are supported by the record, and are beyond further review (see People v Valerio, 95 NY2d 924, 925 [2000]).

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

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.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The determinations regarding founded suspicion of criminality justifying a request to search the car, and then the trunk, and defendant’s consent to a search of the vehicle, all involve mixed questions of law and fact. The determinations are supported by the record, and are beyond further review (see People v Valerio, 95 NY2d 924, 925 [2000]).

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

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.

People v. Mercado, 28 N.E.3d 1181, 25 N.Y.3d 936, 5 N.Y.S.3d 741 (N.Y. 2015).

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Opinion

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