People v Mercado

People v Mercado 2015 NY Slip Op 02556 Decided on March 26, 2015 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 26, 2015
No. 100 SSM 4

[*1]The People & c., Respondent,

v

Jeffrey Mercado, Appellant.

Submitted by Claudia Flores, for appellant.

Submitted by Allen J. Vickey, for respondent.

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 [*2]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]).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.

Decided March 26, 2015