People v. Gibson

New York Court of Appeals February 17, 2015

People v. Gibson, 24 N.Y.3d 1125 (N.Y. 2015)

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

Abdus, Fahey, Lippman, Pigott, Read, Rivera, Salaam, Stein

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.

Reference

Full Case Name: The People of the State of New York v. John Gibson
Cited By: 22 cases
Status: Published