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PEOPLE v. JOSEPH

No. 67

27 N.Y.3d 1009 (2016)

51 N.E.3d 560

32 N.Y.S.3d 49

2016 NY Slip Op 03416

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL JOSEPH, Appellant.

Court of Appeals of New York.

Decided May 3, 2016.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Arthur H. Hopkirk of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Lindsey Richards , Manu K. Balachandran and Grace Vee of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue of whether the police had probable cause to arrest defendant involves a mixed question of law and fact (see People v Oden, 36 N.Y.2d 382, 384 [1975]) and is therefore beyond this Court's further review power if the Appellate Division's determination is supported by evidence in the record. In this case, there...

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