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PEOPLE v. GIBSON

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24 N.Y.3d 1125 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GIBSON, Appellant.

Court of Appeals of New York.

Decided February 17, 2015.

Attorney(s) appearing for the Case

John P.M. Wappett , Public Defender, Lake George ( Bryan M. Racino of counsel), for appellant.

Kathleen B. Hogan , District Attorney, Lake George ( Emilee B. Davenport of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA and ABDUS-SALAAM concur; Judges STEIN and FAHEY taking no part.

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 the apartment 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 power of review (see People v...

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