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
This opinion is uncorrected and subject to revision before publication in the New York Reports.
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