People v. Boyland, 20 N.Y.3d 879

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. Whether a protective sweep is justified under particular circumstances 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. Defendant’s remaining claims are without merit.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott.

Case Details

Case Name: People v. Boyland

Court Name: New York Court of Appeals

Date Published: Nov 19, 2012

Citations: 20 N.Y.3d 879; 979 N.E.2d 1192; 955 N.Y.S.2d 865

Court Abbreviation: N.Y.