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PEOPLE v. BOYLAND

No. 232 SSM 24.

20 N.Y.3d 879 (2012)

955 N.Y.S.2d 865

2012 NY Slip Op 7852

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOBIAS BOYLAND, Appellant.

Court of Appeals of New York.

Decided November 19, 2012.

Attorney(s) appearing for the Case

David J. Seeger , Buffalo, and Leigh E. Anderson , for appellant.

Frank A. Sedita, III , District Attorney, Buffalo ( Donna A. Milling of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. Whether a protective sweep is justified under particular circumstances 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. Defendant's...

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