People v. Jose

Full title: THE PEOPLE , Respondent, v. CARLOS JOSE, Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 16, 1999

94 N.Y.2d 844 (N.Y. 1999)

702 N.Y.S.2d 574

724 N.E.2d 366

Opinion

Argued November 16, 1999

Decided December 16, 1999

Joseph C. Heinzmann, Jr., for appellant.

Bruno C. Bier, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. The determination whether defendant had a legitimate expectation of privacy involved a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's determination of this mixed question, the issue is beyond this Court's further review (see, e.g., People v. Ortiz, 83 N.Y.2d 840, 843).

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.