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People v Lowe (2009 NY Slip Op 02266)

Argued February 19, 2009; decided March 26, 2009 People v Lowe, 50 AD3d 516, affirmed. APPEARANCES OF COUNSEL Legal Aid Society, New York City (Amy Donner and Steven Banks of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York City (Marc Krupnick and Alan Gadlin of
counsel), for respondent. {**12 NY3d at 768} OPINION OF THE COURT Memorandum. The order of the Appellate Division should be affirmed.{**12 NY3d at 769} The lower courts' determinations of probable cause, a mixed question of law and [*2]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. Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking
file:///C|/Users/Peter/Desktop/NY/1/2009_02266.htm[4/21/2013 11:15:49 AM] People v Lowe (2009 NY Slip Op 02266)
no part. Order affirmed in a memorandum.
file:///C|/Users/Peter/Desktop/NY/1/2009_02266.htm[4/21/2013 11:15:49 AM]

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