People v McFarlane, 21 NY3d 1034 (2013)

2013 NY Slip Op 05763 [21 NY3d 1034]
August 29, 2013
Court of Appeals

[*1]

The People of the State of New York, Appellant,
v
Terrence McFarlane, Respondent.

Decided August 29, 2013

People v McFarlane, 93 AD3d 467, affirmed.

{**21 NY3d at 1035} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The determination as to [*2]whether a defendant has consented to a search involves a mixed question of law and fact (People v Valerio, 95 NY2d 924, 925 [2000]). 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 (id.).

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

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.