PEOPLE v. JOSE

MEMORANDUM:

The order of the Appellate Division should be affirmed. The determination whether defendant had a legitimate expectation of privacy involved a mixed question of law and fact. Where, as here, there exists record support for the Appellate Division's determination of this mixed question, the issue is beyond this Court's further review (see, e.g., People v. Ortiz, 83 N.Y.2d 840, 843).

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.