The People v. Jeffrey Mercado

Opinion

================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 100 SSM 4 The People &c., Respondent,

v.

Jeffrey Mercado, Appellant.

Submitted by Claudia Flores, for appellant. Submitted by Allen J. Vickey, for respondent.

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

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the record, and are beyond further review (see People v Valerio, 95 NY2d 924, 925 [2000]). * * * * * * * * * * * * * * * * * 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, Abdus-Salaam, Stein and Fahey concur.

Decided March 26, 2015