People v. Brown
New York Court of Appeals
1Opinion of the Court
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).
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
On review of submissions pursuant…
2Cases cited3 opinions
- People v. BurrNew York Court of Appeals · 1987
- People v. HallmanNew York Court of Appeals · 1998
- People v. CloudNew York Court of Appeals · 1991
3Cited by16 opinions
- People v. MolnarNew York Court of Appeals · 2002
- People v. McBrideNew York Court of Appeals · 2010
- People v. GonzalezNew York Court of Appeals · 2002
- People v. GibsonNew York Court of Appeals · 2015
- People v. KilgoreAppellate Division of the Supreme Court of the State of New York · 2005
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