People v. Gibson, 24 N.Y.3d 1125

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 the apartment 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 power of review (see People v Brown, 95 NY2d 942 [2000]; People v Hallman, 92 NY2d 840 [1998]).

We agree with the Appellate Division that defendant’s remaining contentions lack merit or are unpreserved.

Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur; Judges Stein and Fahey taking no part.

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.

Case Details

Case Name: People v. Gibson

Court Name: New York Court of Appeals

Date Published: Feb 17, 2015

Citations: 24 N.Y.3d 1125; 26 N.E.3d 1175; 3 N.Y.S.3d 320

Court Abbreviation: N.Y.