People v. Brown, 169

Decision Date14 December 2000
Docket NumberNo. 169,169
Parties(Ct.App. 2000) The People of the State of New York, Respondent, v. Paul D. Brown, Appellant. 4SSM 12
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM:

The order of the Appellate Division should be affirmed.

A determination whether exigent circumstances existed to justify the warrantless entry into defendant's home 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 further review (see, People v Hallman, 92 NY2d 840; People v Cloud, 79 NY2d 786; People v Burr, 70 NY2d 354).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum.

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8 cases
  • Brown v. Donnelly
    • United States
    • U.S. District Court — Western District of New York
    • May 13, 2005
    ... ... Three of the four justices on the panel voted to affirm the conviction. People v. Brown, 274 A.D.2d 941, 710 N.Y.S.2d 504 (4 th Dept.2000). Although the New York Court of Appeals granted leave to appeal, it ultimately affirmed ... ...
  • People v. McBride
    • United States
    • New York Court of Appeals Court of Appeals
    • April 29, 2010
    ... ... These affirmed findings, having support in the record, preclude this Court's further review ( see People v. Brown, 95 N.Y.2d 942, 943, 722 N.Y.S.2d 464, 745 N.E.2d 383 [2000]; People v. Hallman, 92 N.Y.2d 840, 842, 677 N.Y.S.2d 64, 699 N.E.2d 423 [1998] ... ...
  • The People Of The State Of N.Y. v. Mcbride
    • United States
    • New York Court of Appeals Court of Appeals
    • April 29, 2010
    ... ... These affirmed findings, having support in the record, preclude this Court's further review ( ... People v. Brown, 95 N.Y.2d 942, 943, 722 N.Y.S.2d 464, 745 N.E.2d 383 [2000]; ... People v. Hallman, 92 N.Y.2d 840, 842, 677 N.Y.S.2d 64, 699 N.E.2d 423 [1998] ... ...
  • People v. Sivertson, 3.
    • United States
    • New York Court of Appeals Court of Appeals
    • June 1, 2017
    ... ... Gibson, 24 N.Y.3d 1125, 1126, 3 N.Y.S.3d 320, 26 N.E.3d 1175 [2015] ; People v. Brown, 95 N.Y.2d 942, 943, 722 N.Y.S.2d 464, 745 N.E.2d 383 [2000] ; People v. Hallman, 92 N.Y.2d 840, 842, 677 N.Y.S.2d 64, 699 N.E.2d 423 [1998] ). "The ... ...
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