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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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No. 72 SSM 26
The People of the State of New
York,
                Respondent,
            v
John Gibson,
                Appellant.




          Submitted by Bryan M. Racino, for appellant.
          Submitted by Emilee B. Davenport, for respondent.




MEMORANDUM:
          The order of the Appellate Division should be affirmed.
          A determination whether exigent circumstances existed
to justify the warrantless entry into the apartment 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 power of review (see

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People v Brown, 95 NY2d 942 [2000], People v Hallman, 92 NY2d 840
[1998]).
            We agree with the Appellate Division that defendant's
remaining contentions lack merit or are unpreserved.
*   *   *    *   *   *   *   *    *      *   *   *   *   *   *   *   *
On review of submissions pursuant to section 500.11 of the Rules,
order affirmed, in a memorandum. Chief Judge Lippman and Judges
Read, Pigott, Rivera and Abdus-Salaam concur. Judges Stein and
Fahey took no part.

Decided February 17, 2015




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