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PEOPLE v. THATCH

71 N.Y.2d 906 (1988)

The People of the State of New York, Respondent, v. Robert Thatch, Appellant.

Court of Appeals of the State of New York.

Decided April 21, 1988.

Attorney(s) appearing for the Case

James A. Burke, Philip L. Weinstein and Andrew C. Fine for appellant.

Paul T. Gentile, District Attorney (Michael R. Gordon and Peter D. Coddington of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The question of whether defendant's wife voluntarily consented to the search of their apartment presents a mixed question of law and fact. Having been resolved against the defendant in the lower courts, and finding support in the record, this question is now beyond our review (see, People v Meredith, 49 N.Y.2d 1038<...

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