People v McFarlane

People v McFarlane 2013 NY Slip Op 05763 Decided on August 29, 2013 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 August 29, 2013
No. 242 SSM 21

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

v

Terrence McFarlane, Respondent.




Submitted by Stanley R. Kaplan, for appellant.
Respondent, precluded.


MEMORANDUM:

The order of the Appellate Division should be affirmed. The determination as to [*2]whether a defendant has consented to a search involves a mixed question of law and fact (People v Valerio, 95 NY2d 924, 925 [2000]). 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 (id.).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.
Decided August 29, 2013