People v. Jose, 724 N.E.2d 366 (NY 1999). · Go Syfert
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People v. Jose, 724 N.E.2d 366 (NY 1999). Cases Citing This Book View Copy Cite
15 citation events (14 in the last 25 years) across 4 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) The People v. Eric Ibarguen (2×)
NY · 2021 · confidence medium
In New York, few cases addressing the issue since Olson and Carter have reached our Court (People v Jose, 94 NY2d 844, 845 [1999]; People v Ortiz, 633 NY2d 840 [1994]).
discussed Cited as authority (rule) Bacon v. United States
2d Cir. · 2004 · confidence medium
Const. Corp., 94 N.Y.2d 839, 841 , 724 N.E.2d 366, 368 , 702 N.Y.S.2d 574, 576 (1999) (holding that a plaintiffs jump from a stalled elevator “superseded defendants’ conduct and terminated defendants’ liability for his injuries”).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Carlos Jose, Appellant
New York Court of Appeals.
Dec 16, 1999.
724 N.E.2d 366
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.
Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt Concur.
Cited by 12 opinions  |  Published

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).

[*846] Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed in a memorandum.