People v. Tobias Boyland, No. 232
Cite as: People v. Tobias Boyland, No. 232, NYLJ 1202578807895, at *1 (Ct. of App., Decided November 19, 2012)
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
Decided: November 19, 2012
Submitted by David J. Seeger, for appellant.
Submitted by Donna A. Milling, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, 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 resolution of this question, the issue is beyond this Court's further review. Defendant's remaining claims are without merit. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.