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PEOPLE v. McFARLANE

No. 242 SSM 21.

21 N.Y.3d 1034 (2013)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TERRENCE McFARLANE, Respondent.

Court of Appeals of New York.

Decided August 29, 2013.

Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Stanley R. Kaplan of counsel), for appellant.

Respondent precluded.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The determination as to whether a defendant has consented to a search involves a mixed question of law and fact (People v Valerio, 95 N.Y.2d 924, 925 [2000]). 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 (id.).

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