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WHETHER THE POLICE ENTRY INTO DEFENDANT’S HOME WAS JUSTIFIED BY EXIGENT CIRCUMSTANCES IS A MIXED QUESTION OF LAW AND FACT AND IS THEREFORE NOT REVIEWABLE BY THE COURT OF APPEALS.

The Court of Appeals, over an extensive dissent by Judge Rivera, determined whether entry into defendant’s home was justified by exigent circumstances is a mixed question of facts and law that cannot be addressed by the Court of Appeals:

The order of the Appellate Division should be affirmed. The conclusion that the warrantless entry by police into defendant’s home was justified by exigent circumstances is a mixed question of law and fact. Where, as here, there is support in the record for the Appellate Division’s conclusion, the issue is beyond our further review … . “The rule applies ‘where the facts are disputed . . . or where reasonable minds may differ as to the inference to be drawn [from the established facts]'”… . The dissent’s conclusion to the contrary is based on a narrative derived from the suppression hearing record that unduly emphasizes the testimony and resulting inferences that are favorable to defendant. …

RIVERA, J. (dissenting):

As a matter of law, there is no record evidence to support the trial court’s ruling that exigent circumstances justified the warrantless entry into defendant’s home … . Therefore, the Appellate Division should be reversed and a new trial ordered. I dissent. People v Sivertson, 2017 NY Slip Op 04320, CtApp 6-1-17

 

CRIMINAL LAW (APPEALS, COURT OF APPEALS, WHETHER THE POLICE ENTRY INTO DEFENDANT’S home WAS JUSTIFIED BY EXIGENT CIRCUMSTANCES IS A MIXED QUESTION OF LAW AND FACT AND IS THEREFORE NOT REVIEWABLE BY THE THE COURT OF APPEALS)/APPEALS (CRIMINAL LAW, COURT OF APPEALS, WHETHER THE POLICE ENTRY INTO DEFENDANT’S HOME WAS JUSTIFIED BY EXIGENT CIRCUMSTANCES IS A MIXED QUESTION OF LAW AND FACT AND IS THEREFORE NOT REVIEWABLE BY THE THE COURT OF APPEALS)/SUPPRESS, MOTION TO (CRIMINAL LAW, APPEALS, COURT OF APPEALS, WHETHER THE POLICE ENTRY INTO DEFENDANT’S HOME WAS JUSTIFIED BY EXIGENT CIRCUMSTANCES IS A MIXED QUESTION OF LAW AND FACT AND IS THEREFORE NOT REVIEWABLE BY THE THE COURT OF APPEALS)/EXIGENT CIRCUMSTANCES (CRIMINAL LAW, SUPPRESSION, APPEALS, COURT OF APPEALS, WHETHER THE POLICE ENTRY INTO DEFENDANT’S HOME WAS JUSTIFIED BY EXIGENT CIRCUMSTANCES IS A MIXED QUESTION OF LAW AND FACT AND IS THEREFORE NOT REVIEWABLE BY THE THE COURT OF APPEALS)

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PROPERTY OWNED AS TENANTS BY THE ENTIRETY PASSES FREE AND CLEAR TO THE SURVIVING... REFERENCES TO DEFENDANT’S PRIOR COMMISSION OF A VIOLENT CRIME AND IMPRISONMENT...