PEOPLE v. SIVERTSON

No. 3.

29 N.Y.3d 1006 (2017)

77 N.E.3d 349

54 N.Y.S.3d 632

2017 NY Slip Op 04320

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN J. SIVERTSON, Appellant.

Court of Appeals of New York.

Reargued March 22, 2017.

Decided June 1, 2017.


Attorney(s) appearing for the Case

David C. Schopp , The Legal Aid Bureau of Buffalo, Inc., Buffalo ( Timothy P. Murphy and Barbara J. Davies of counsel), for appellant.

Michael J. Flaherty, Jr , Acting District Attorney, Buffalo ( Ashley R. Lowry and Michael J. Hillery of counsel), for respondent.

Chief Judge DIFIORE and Judges FAHEY, GARCIA and WILSON concur; Judge RIVERA dissents in an opinion in which Judge STEIN concurs.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The conclusion that the warrantless entry by police into defendant's home was justified by exigent circumstances is a mixed question of law and fact. Where, as here, there is support in the record for the Appellate Division's conclusion, the issue is beyond our further review (see People v Gibson, 24 N.Y.3d 1125, 1126 [2015...

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