People v Paige
2011 NY Slip Op 02442 [16 NY3d 816]
March 29, 2011
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2011


[*1]
The People of the State of New York, Respondent,
v
Tiray M. Paige, Appellant.

Decided March 29, 2011

People v Paige, 77 AD3d 1193, affirmed.

APPEARANCES OF COUNSEL

Gregory D. LaDuke, Lake Placid, for appellant.

Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), for respondent.

{**16 NY3d at 817} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Whether an officer had a reasonable belief that the subject of the arrest warrant was in the home so as to demand entry into the residence is a mixed question of law and fact, [*2]which, if supported by record evidence, is beyond further review by this Court (see generally People v Francois, 14 NY3d 732 [2010]). We conclude that record evidence exists to support the determinations of the courts below.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.