The People &c., Respondent, v. George Irizarry, Appellant

84 N.Y.2d 854, 641 N.E.2d 1073, 617 N.Y.S.2d 455 (1994).
September 22, 1994

1 No. 251 SSM 27 [1994 NY Int. 149] Decided September 22, 1994

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

Submitted by Francis P. Karam, for appellant.
Submitted by Raphael J. Berman, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant appeals by permission of a dissenting Associate Justice of the Appellate Division. Since the determination below involves an undisturbed mixed question of law and fact, which finds support in the record, we therefore affirm.

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

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

The People &c., Respondent, v. George Irizarry, Appellant

84 N.Y.2d 854, 641 N.E.2d 1073, 617 N.Y.S.2d 455 (1994). September 22, 1994

84 N.Y.2d 854, 641 N.E.2d 1073, 617 N.Y.S.2d 455 (1994).
September 22, 1994