New York Court of Appeals, 2015

People v. Mercado

New York Court of Appeals · Decided March 26, 2015 · Abdus, Fahey, Lippman, Pigott, Read, Rivera, Salaam, Stein

25 N.Y.3d 936; 28 N.E.3d 1181; 5 N.Y.S.3d 741

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The determinations regarding founded suspicion of criminality justifying a request to search the car, and then the trunk, and defendant’s consent to a search of the vehicle, all involve mixed questions of law and fact. The determinations are supported by the record, and are beyond further review (see People v Valerio, 95 NY2d 924, 925 [2000]).

Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

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.