
    [724 NE2d 366, 702 NYS2d 574]
    The People of the State of New York, Respondent, v Carlos Jose, Appellant.
    Argued November 16, 1999;
    decided December 16, 1999
    
      APPEARANCES OF COUNSEL
    
      Speiser & Heinzmann, White Plains (Joseph C. Heinzmann, Jr., of counsel), for appellant.
    
      Robert M. Morgenthau, District Attorney of New York County, New York City (Bruno C. Bier and Donald J. Siewert of counsel), for respondent.
   OPINION OF THE COURT

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 NY2d 840, 843).

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.  