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PEOPLE v. BROWN

95 N.Y.2d 942 (2000)

745 N.E.2d 383

722 N.Y.S.2d 464

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL D. BROWN, Appellant.

Court of Appeals of the State of New York.

Decided December 14, 2000.

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for appellant.

Howard R. Relin, District Attorney of Monroe County, Rochester (Stephen K. Lindley of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

A determination whether exigent circumstances existed to justify the warrantless entry into defendant's home involves a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's resolution of this question, the issue is beyond this Court's further review (see, People v Hallman, 92 N.Y.2d 840...

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