Opinion
Argued March 18, 1986
Decided April 29, 1986
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph P. McCarthy, J.
Carolyn Connors Balowitz, Rose H. Sconiers and John A. Ziegler for appellant. Richard J. Arcara, District Attorney (Louis A. Haremski and John J. De Franks of counsel), for respondent.
Order affirmed. The finding of probable cause made by the Appellate Division involves a mixed question of law and fact which, there being support for its conclusion in the record, is beyond our power of review (see, People v Bigelow, 66 N.Y.2d 417, 420-421). On the remaining issues, we affirm for the reasons stated in the opinion by Justice (as he then was) Stewart F. Hancock, Jr., at the Appellate Division ( 109 A.D.2d 39).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE. Taking no part: Judge HANCOCK, JR.