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People v. Lowe

NEW YORK COURT OF APPEALS


March 26, 2009

THE PEOPLE & C., RESPONDENT,
v.
RICHARD LOWE, APPELLANT.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MEMORANDUM

The order of the Appellate Division should be affirmed.

The lower courts' determinations of probable cause, a mixed question of law and fact, are supported by the minutes of the in camera hearing conducted pursuant to People v Darden (34 NY2d 177 [1974]), and are thus beyond our further review. Accordingly, defendant's motion to suppress was properly denied.

We have considered defendant's remaining contentions and find them to be without merit.

Order affirmed, in a memorandum.

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Chief Judge Lippman took no part.

20090326

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