People v. Cloud

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Whether exigent circumstances existed to justify the warrantless entry and arrest of defendant involves a mixed question of fact and law. Where, as here, there is support in the record for such an undisturbed finding, it is beyond the scope of further review by this Court (People v Burr, 70 NY2d 354, *787360-361). Evidence in the record of this CPL article 440 proceeding supports the determination of the courts below that exigent circumstances justified the warrantless entry. On the morning of October 6,…