Majority
p. 1034[995 NE2d 845, 972 NYS2d 530] The People of the State of New York, Appellant, v Terrence McFarlane, Respondent. Decided August 29, 2013
p. 1035
APPEARANCES OF COUNSEL
Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for appellant.
Respondent precluded.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed. The determination as to whether a defendant has consented to a search involves a mixed question of law and fact (People v Valerio, 95 NY2d 924 , 925 [2000]). 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 (id.).
Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.
Cases cited
- People v. Valerio 95 NY2d 924 at 925 p. 1035