New York Court of Appeals, 2015

People v. Gibson

New York Court of Appeals · Decided February 17, 2015 · Abdus, Fahey, Lippman, Pigott, Read, Rivera, Salaam, Stein

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

Cases that cite this one

20 later published cases cite this decision.

People v. Harris (Appellate Division of the Supreme Court of New York 2016)
The People v. Shawn J. Sivertson (N.Y. 2017)
People v. Edwards (Appellate Division of the Supreme Court of New York 2026)
People v. Ortiz (Albany County Court 2025)
People v. Weber (Appellate Division of the Supreme Court of New York 2024)
People v. Almenteros (Appellate Division of the Supreme Court of New York 2023)
People v. Austin (Appellate Division of the Supreme Court of New York 2023)
People v. Cazeau (Appellate Division of the Supreme Court of New York 2021)
People v. McLeod (Appellate Division of the Supreme Court of New York 2020)
People v. Alberts (Appellate Division of the Supreme Court of New York 2018)
People v. Sears (Appellate Division of the Supreme Court of New York 2018)
People v. Gilley (Appellate Division of the Supreme Court of New York 2018)
People v. Sears (Appellate Division of the Supreme Court of New York 2018)
People v. Sears (Appellate Division of the Supreme Court of New York 2018)
People v. Robinson (Appellate Division of the Supreme Court of New York 2017)
People v. King (Appellate Division of the Supreme Court of New York 2016)
JUNIOUS, MALQUAN R., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Junious (Appellate Division of the Supreme Court of New York 2016)
People v. Junious (Appellate Division of the Supreme Court of New York 2016)
People v. Green (Appellate Division of the Supreme Court of New York 2015)

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 of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*1126A 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-law data current through December 31, 2025. Source: CourtListener bulk data.