THE PEOPLE &C., RESPONDENT, v. WILLIAM HALLMAN, APPELLANT.

92 N.Y.2d 840, 699 N.E.2d 423, 677 N.Y.S.2d 64 (1998).

1No.114

SSM 3

[98 NY Int. 0083]
Decided June 16, 1998

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

Submitted by Paul Liu, for appellant.
Submitted by Maura E. Daly, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

A determination of whether exigent circumstances existed to justify the warrantless entry and arrest of defendant 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.

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

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

Decided June 16, 1998