New York Court of Appeals, 1999

People v. Jose

New York Court of Appeals · Decided December 16, 1999 · Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt Concur

724 N.E.2d 366; 94 N.Y.2d 844; 702 N.Y.S.2d 574; 1999 N.Y. LEXIS 3924 (North Eastern Reporter, Second Series)

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The determination whether defendant had a legitimate expectation of privacy involved a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division’s determination of this mixed question, the issue is beyond this Court’s further review (see, e.g., People v Ortiz, 83 NY2d 840, 843).

*846 Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.

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