People v. Greenidge

Full title: The People c., Respondent, v. Malcolm Greenidge, Appellant

Court: Court of Appeals of the State of New York

Date published: Apr 30, 1998

91 N.Y.2d 967 (N.Y. 1998)

661 N.Y.S.2d 605

672 N.Y.S.2d 846

695 N.E.2d 715

Opinion

91 N.Y.2d 967 695 N.E.2d 715, 672 N.Y.S.2d 846 The PEOPLE of the State of New York, Respondent, v. Malcolm GREENIDGE, Also Known as Keith Cox, Appellant. 1998-04262 New York Court of Appeals April 30, 1998.

        Marc A. Agnifilo, New York City, and LoPinto, Schlather, Solomons&s Salk, Ithaca (Diane V. Bruns, of counsel), for appellant.

        Robert M. Morgenthau, District Attorney of New York County, New York City (Mathew Kleiner, of counsel), for respondent.

         Prior report: 241 A.D.2d 395, 661 N.Y.S.2d 605.

OPINION OF THE COURT

        MEMORANDUM:

        The order of the Appellate Division should be affirmed. The determinations relating to the seizure of defendant, the search of the pouch he was carrying and the removal of objects from the pouch all involve mixed questions of law and fact that are supported by evidence in the record. Consequently, the determinations are beyond further review by this Court. Defendant's remaining contention is without merit.

        KAYE, C.J., and TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY, JJ., concur.

        On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.