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People v. Thatch

71 N.Y.2d 906 Court N.Y. Decision date 1988-04-21 English

Contents

Majority

p. 906
The People of the State of New York, Respondent, v Robert Thatch, Appellant.
Argued March 22, 1988;
decided April 21, 1988
p. 907
APPEARANCES OF COUNSEL
James A. Burke, Philip L. Weinstein and Andrew C. Fine for appellant.
Paul T. Gentile, District Attorney (Michael R. Gordon and Peter D. Coddington of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The question of whether defendant’s wife voluntarily consented to the search of their apartment presents a mixed question of law and fact. Having been resolved against the defendant in the lower courts, and finding support in the record, this question is now beyond our review (see, People v Meredith, 49 NY2d 1038 , 1039).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

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