THE PEOPLE &C., RESPONDENT, v. JUAN "JOHNNY" NUNEZ, APPELLANT.

80 N.Y.2d 858, 600 N.E.2d 626, 587 N.Y.S.2d 899 (1992).
July 2, 1992

3 No. 225 SSM 34
Decided July 2, 1992

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

Submitted by David Seth Michaels, for Appellant.
Submitted by Henry Neal Conolly, for Respondent.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed. The determination that a defendant validly waived his constitutional right to remain silent resolves a mixed question of law and fact, and is not subject to further review in this Court where, as here, it is supported by evidence in the record (see, People v Harrison, 57 NY2d 470). Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.

THE PEOPLE &C., RESPONDENT, v. JUAN "JOHNNY" NUNEZ, APPELLANT.

80 N.Y.2d 858, 600 N.E.2d 626, 587 N.Y.S.2d 899 (1992). July 2, 1992

80 N.Y.2d 858, 600 N.E.2d 626, 587 N.Y.S.2d 899 (1992).
July 2, 1992