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People v. Brown

95 N.Y.2d 942 Court N.Y. Decision date 2000-12-14 English

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p. 942
[ 745 NE2d 383 , 722 NYS2d 464]
The People of the State of New York, Respondent, v Paul D. Brown, Appellant.
Decided December 14, 2000
p. 943
APPEARANCES OF COUNSEL
Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for appellant.
Howard R. Relin, District Attorney of Monroe County, Rochester (St ephen K. Bindley of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

A determination whether exigent circumstances existed to justify the warrantless entry into defendant’s home 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 further review (see, People v Hallman, 92 NY2d 840 ; People v Cloud, 79 NY2d 786 ; People v Burr, 70 NY2d 354 ).

p. 944
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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