People v Divine
2006 NY Slip Op 01048 [6 NY3d 790]
February 9, 2006
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 05, 2006


[*1]
The People of the State of New York, Respondent,
v
Unique Divine, Appellant.

Decided February 9, 2006

People v Divine, 21 AD3d 767, affirmed.

APPEARANCES OF COUNSEL

Dewey Ballantine LLP, New York City (Molly Lehr and Kathryn C. Ellsworth of counsel), and Office of the Appellate Defender (Richard M. Greenberg and Risa Gerson of counsel) for appellant.

Robert T. Johnson, District Attorney, Bronx (Jennifer Marinaccio of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. Because there is record support for the Appellate Division finding of attenuation, the determination presents a mixed question of law and fact beyond our further review.

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.