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)

Cases that cite this one

11 later published cases cite this decision.

The People v. Eric Ibarguen (N.Y. 2021)
People v. Hill (Appellate Division of the Supreme Court of New York 2017)
People v. McGee (New York Supreme Court, Kings County 2025)
People v. Santiago (Appellate Division of the Supreme Court of New York 2024)
People v. Leach (N.Y. 2013)
People v. Hunter (Appellate Division of the Supreme Court of New York 2010)
People v. Cruz (Appellate Division of the Supreme Court of New York 2008)
People v. Tucker (Appellate Division of the Supreme Court of New York 2006)
People v. Santiago (Appellate Division of the Supreme Court of New York 2003)
People v. Zappulla (Appellate Division of the Supreme Court of New York 2001)
People v. Scott (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.