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PEOPLE v. SCOTT

86 N.Y.2d 864 (1995)

658 N.E.2d 1040

635 N.Y.S.2d 167

The People of the State of New York, Respondent, v. David Scott, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 1995.

Attorney(s) appearing for the Case

Bernetta A. Bourcy, Canandaigua, for appellant.

R. Michael Tantillo, District Attorney of Ontario County, Canandaigua (Brian David Dennis of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. The Appellate Division's finding that defendant's confession was voluntary, a mixed question of law and fact, is supported by evidence in the record and therefore beyond this Court's further review (see, People v Harrison, 57 N.Y.2d 470, 477; People v Johnson, 40 N.Y.2d 882

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