People v Boyland
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People v Boyland
2012 NY Slip Op 07852
Decided on November 19, 2012
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 19, 2012
No. 232 SSM 24
[*1]The People & c., Respondent,
v
Tobias Boyland, Appellant.
Submitted by David J. Seeger, for appellant.
Submitted by Donna A. Milling, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed. Whether a protective sweep is justified under particular circumstances involves a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's resolution of this question, the issue is beyond this Court's further review. Defendant's remaining claims are without merit. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided November 19, 2012
Decided on November 19, 2012
No. 232 SSM 24
[*1]The People & c., Respondent,
v
Tobias Boyland, Appellant.
Submitted by David J. Seeger, for appellant.
Submitted by Donna A. Milling, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed. Whether a protective sweep is justified under particular circumstances involves a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's resolution of this question, the issue is beyond this Court's further review. Defendant's remaining claims are without merit. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided November 19, 2012
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