| People v Gibson |
| 2015 NY Slip Op 01379 [24 NY3d 1125] |
| February 17, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 25, 2015 |
| The People of the State of New York, Respondent, v John Gibson, Appellant. |
Decided February 17, 2015
People v Gibson, 117 AD3d 1317, affirmed.
John P.M. Wappett, Public Defender, Lake George (Bryan M. Racino of counsel), for appellant.
Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed.{**24 NY3d at 1126}
A determination whether exigent circumstances existed to justify the warrantless entry into the apartment 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 power of review (see People v Brown, 95 NY2d 942 [2000]; People v Hallman, 92 NY2d [*2]840 [1998]).
We agree with the Appellate Division that defendant's remaining contentions lack merit or are unpreserved.
Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur; Judges Stein and Fahey taking no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.