Legal Opinion

People v. DeMartino

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2011Published

1Opinion of the Court

The Supreme Court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence seized as a result of a warrantless search of the defend*1261ant’s home (see People v Rodriguez, 77 AD3d 280, 287 [2010]). The record supports the Supreme Court’s determination that the warrantless entry into the home was justified by a reasonable belief by the police that an emergency situation required their immediate assistance (see People v Molnar, 98 NY2d 328 [2002]; People v Mitchell, 39 NY2d 173 [1976], cert denied 426 US 953 [1976]; People v Rodriguez, 77 AD3d at 287;…

2Cases cited8 opinions

  1. People v. MitchellNew York Court of Appeals · 1976
  2. People v. MolnarNew York Court of Appeals · 2002
  3. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. DesmaratAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. DePaulaAppellate Division of the Supreme Court of the State of New York · 1992

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