People v Gibson, 24 NY3d 1125 (2015)

2015 NY Slip Op 01379 [24 NY3d 1125]
February 17, 2015
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
John Gibson, Appellant.

Decided February 17, 2015

People v Gibson, 117 AD3d 1317, affirmed.

{**24 NY3d at 1125} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.{**24 NY3d at 1126}

A determination whether exigent circumstances existed to justify the warrantless entry into the apartment 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 power of review (see People v Brown, 95 NY2d 942 [2000]; People v Hallman, 92 NY2d [*2]840 [1998]).

We agree with the Appellate Division that defendant’s remaining contentions lack merit or are unpreserved.

Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur; Judges Stein and Fahey taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.