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The People &C v. Tiray M. Paige

New York Court of Appeals


March 29, 2011

THE PEOPLE &C., RESPONDENT,
v.
TIRAY M. PAIGE, APPELLANT.

This memorandum is uncorrected and subject to revision before publication

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, which, if supported by record evidence, is beyond further review SSM No. 3 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. * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

20110329

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