The People of the State of New York v. John Gibson

• Court: New York Court of Appeals
• Decided: February 17, 2015
• Docket: 72 SSM 26
• Status: Published

Opinion

================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 72 SSM 26 The People of the State of New York, Respondent, v John Gibson, Appellant.

Submitted by Bryan M. Racino, for appellant. Submitted by Emilee B. Davenport, for respondent.

MEMORANDUM: The order of the Appellate Division should be affirmed. 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

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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. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur. Judges Stein and Fahey took no part.

Decided February 17, 2015

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