New York Court of Appeals August 29, 2013 (People v. McFarlane)

OPINION OF THE COURT

Memorandum.

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 NY2d 924, 925 [2000]). 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.