People v Lowe

People v Lowe 2009 NY Slip Op 02266 [12 NY3d 768] March 26, 2009 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 3, 2009

[*1] The People of the State of New York, Respondent,
v
Richard Lowe, Appellant.

Argued February 19, 2009; decided March 26, 2009

People v Lowe, 50 AD3d 516, affirmed.

APPEARANCES OF COUNSEL

Legal Aid Society, New York City (Amy Donner and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Marc Krupnick and Alan Gadlin of counsel), for respondent.

{**12 NY3d at 768} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.{**12 NY3d at 769}

The lower courts' determinations of probable cause, a mixed question of law and [*2]fact, are supported by the minutes of the in camera hearing conducted pursuant to People v Darden (34 NY2d 177 [1974]), and are thus beyond our further review. Accordingly, defendant's motion to suppress was properly denied.

We have considered defendant's remaining contentions and find them to be without merit.

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking no part.

Order affirmed in a memorandum.