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People v. McLaren

62 N.Y.2d 730 Court N.Y. Decision date 1984-05-08 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

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p. 730
The People of the State of New York, Appellant, v Leo McLaren, Respondent.
Argued February 16, 1984;
decided May 8, 1984
p. 731

Headnote

APPEARANCES OF COUNSEL
John J. Santucci, District Attorney (Catherine Lomuscio and Richard C. Denzer of counsel), for appellant.
David Samel and William E. Hellerstein for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Although the court erred in holding that the People should have produced the undercover officer at the hearing (see People v Petralia, 62 NY2d 47 ), its acceptance of the defendant’s alternative argument, that under the circumstances the evidence seized in the premises could not be said to be in plain view, involves a mixed question of law and fact which is not subject to further review in this court when, as here, it is supported by evidence in the record (see People v Harrison, 57 NY2d 470 ). Thus the order of the Appellate Term should be affirmed for this reason alone.

p. 732
Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Order affirmed in a memorandum.

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