People v Boyland
2012 NY Slip Op 07852 [20 NY3d 879]
November 19, 2012
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 2, 2013


[*1]
The People of the State of New York, Respondent,
v
Tobias Boyland, Appellant.

Decided November 19, 2012

People v Boyland, 79 AD3d 1658, affirmed.

APPEARANCES OF COUNSEL

David J. Seeger, Buffalo, and Leigh E. Anderson, for appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), for respondent.

{**20 NY3d at 880} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed. Whether a protective sweep is justified under particular circumstances involves a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's{**20 NY3d at 881} resolution of this question, the issue is beyond this Court's further review. Defendant's remaining claims are without merit.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott.