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People v. Mercado

25 N.Y.3d 936 Court N.Y. Decision date 2015-03-26 English

Judges Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Contents

Majority

p. 936
[28 NE3d 1181, 5 NYS3d 741]
The People of the State of New York, Respondent, v Jeffrey Mercado, Appellant.
Decided March 26, 2015
p. 937
APPEARANCES OF COUNSEL
Robert S. Dean, Center for Appellate Litigation, New York City (Claudia Flores of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Allen J. Vickey of counsel), for respondent.

OPINION OF THE COURT

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 the record, and are beyond further review (see People v Valerio, 95 NY2d 924 , 925 [2000]).

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey 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.

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