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PEOPLE v. JOSE

94 N.Y.2d 844 (1999)

724 N.E.2d 366

702 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS JOSE, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 1999.

Attorney(s) appearing for the Case

Speiser & Heinzmann, White Plains (Joseph C. Heinzmann, Jr., of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Bruno C. Bier and Donald J. Siewert of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The determination whether defendant had a legitimate expectation of privacy involved a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's determination of this mixed question, the issue is beyond this Court's further review (see, e.g., People v Ortiz, 83 N.Y.2d 840, 843)...

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