2009 NY Int. 41

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

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2009 NY Slip Op 02266

Decided on March 26, 2009

No. 47

The People & c., Respondent,

v

Richard Lowe, Appellant.

Amy Donner, for appellant.

Marc Krupnick, for respondent.

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.

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Order affirmed, in a memorandum. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Chief Judge Lippman took no part.

Decided March 26, 2009