| People v Mercado |
| 2015 NY Slip Op 02556 [25 NY3d 936] |
| March 26, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 29, 2015 |
| The People of the State of New York, Respondent, v Jeffrey Mercado, Appellant. |
Decided March 26, 2015
People v Mercado, 120 AD3d 441, affirmed.
Robert S. Dean, Center for Appellate Litigation, New York City (Claudia Flores of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Allen J. Vickey of counsel), 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]).
Chief Judge Lippman and Judges Read, Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.
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.