
    [26 NE3d 1175, 3 NYS3d 320]
    The People of the State of New York, Respondent, v John Gibson, Appellant.
    Decided February 17, 2015
    APPEARANCES OF COUNSEL
    
      John PM. Wappett, Public Defender, Lake George (Bryan M. Racino of counsel), for appellant.
    
      Kathleen B. Hogan, District Attorney, Lake George (Emilee B. Davenport of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

A determination whether exigent circumstances existed to justify the warrantless entry into the apartment 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 power of review (see People v Brown, 95 NY2d 942 [2000]; People v Hallman, 92 NY2d 840 [1998]).

We agree with the Appellate Division that defendant’s remaining contentions lack merit or are unpreserved.

Chief Judge Lippman and Judges Read, Pigott, Rivera and Abdus-Salaam concur; Judges Stein and Fahey taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.  