Legal Opinion · Dissent

People v. Liggins

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

Decided July 10, 2009Published

1Dissent

Peradotto and Garni, JJ.

(dissenting). We respectfully dissent because we cannot agree with the majority’s conclusion that County Court erred in determining that the warrantless entry into defendant’s apartment was justified by the emergency exception to the warrant requirement. Considering the benefit of hindsight and our detachment from the tension and drama of responding to a “shots fired” call for police assistance, we conclude that the People established that the police officers had reasonable grounds to believe that an emergency situation existed (see generally People v Love, 204 AD2d…

2Cases cited7 opinions

  1. People v. MitchellNew York Court of Appeals · 1976
  2. People v. CalhounNew York Court of Appeals · 1980
  3. People v. LoveNew York Court of Appeals · 1994
  4. People v. LoveAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. DePaulaAppellate Division of the Supreme Court of the State of New York · 1992

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