August 29, 2013
The PEOPLE, etc., Appellant,
Terrence McFARLANE, Respondent.
Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for appellant.
The order of the Appellate Division should be affirmed. The determination as to whether a defendant has consented to a search involves a mixed question of law and fact ( People v. Valerio, 95 N.Y.2d 924, 925, 721 N.Y.S.2d 601, 744 N.E.2d 136  ). Where, as here, there exists record support for the Appellate Division's resolution of this question, the issue is beyond this Court's further review ( id. ).
Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM 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.