PEOPLE v. JOSE (1999)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Carlos JOSE, Appellant.

Decided: December 16, 1999

Speiser & Heinzmann, White Plains (Joseph C. Heinzmann, Jr., of counsel), for appellant. Robert M. Morgenthau, District Attorney of New York County, New York City (Bruno C. Bier and Donald J. Siewert of counsel), for respondent.

OPINION OF THE COURT

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, 611 N.Y.S.2d 500, 633 N.E.2d 1104).

Order affirmed in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

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