Opinion
Decided December 14, 2000.
APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered July 7, 2000, which affirmed a judgment of the Supreme Court (Raymond E. Cornelius, J.), rendered in Monroe County upon a verdict convicting defendant of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree.
Defendant was arrested after the police, during a warrantless entry into his home, uncovered contraband that was plain view. Supreme Court denied defendant's suppression motion. Defendant was convicted of criminal possession of a controlled substance in the third and seventh degrees.
The Appellate Division concluded that where a third party showed the police the residence where he had purchased cocaine, and where, as defendant answered the door, the police were able to observe, from their vantage point at the front door of defendant's house, several "baggies" of what appeared to be cocaine on top of a kitchen counter, the police had probable cause to believe that defendant had committed a crime in their presence, and thus exigent circumstances justified the warrantless entry to place defendant under arrest and seize the contraband in plain view.
Submitted by Drew R. DuBrin, for appellant.
Submitted by Stephen K. Lindley, for respondent.
Before: Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
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; People v Cloud, 79 N.Y.2d 786; People v Burr, 70 N.Y.2d 354).
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.