The People v. Tiray M. Paige

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 120 SSM 3 The People &c., Respondent, v. Tiray M. Paige, Appellant. Submitted by Gregory D. LaDuke, for appellant. Submitted by Glenn MacNeill, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed. Whether an officer had a reasonable belief that the subject of the arrest warrant was in the home so as to demand entry into the residence is a mixed question of law and fact, which, if supported by record evidence, is beyond further review - 1 - - 2 - SSM No. 3 by this Court (see generally People v Francois, 14 NY3d 732 [2010]). We conclude that record evidence exists to support the determinations of the courts below. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided March 29, 2011 - 2 -

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