The People v. Richard Lowe

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 47 The People &c., Respondent, v. Richard Lowe, Appellant. Amy Donner, for appellant. Marc Krupnick, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed. The lower courts' determinations of probable cause, a mixed question of law and fact, are supported by the minutes of the in camera hearing conducted pursuant to People v Darden (34 - 1 - - 2 - No. 47 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. * * * * * * * * * * * * * * * * * Order affirmed, in a memorandum. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part. Decided March 26, 2009 - 2 -

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