THE PEOPLE &C., RESPONDENT, v. CARLOS JOSE, APPELLANT.
94 N.Y.2d 844 (1999).
December 16, 1999
1 No. 195
(99 NY Int. 0175)
Decided December 16, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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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, ashere,
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 NY2d 840, 843 ) .
Order affirmed, in a memorandum. Chief Judge Kaye and Judges
Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Decided December 16, 1999
SNIPPETS:
THE PEOPLE &C., RESPONDENT, v. CARLOS JOSE, APPELLANT.
This opinion is uncorrected and subject to revision before publication in the New York
Joseph C. Heinzmann, Jr., for appellant.
Bruno C. Bier, for respondent.
The order of the Appellate Division should be affirmed.
The determination whether defendant had a legitimate expectation of privacy involved a mixed
Where, ashere, there exists record support for the Appellate Division's determination of this
Order affirmed, in a memorandum.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
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