People v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Chambers, J.
In this case, we conclude that the Supreme Court erred in suppressing physical evidence recovered from the defendant’s apartment, as the police were presented with an emergency situation under the standards articulated in Brigham City v Stuart (547 US 398 [2006]) and People v Mitchell (39 NY2d 173 [1976], cert denied 426 US 953 [1976]).
Facts
On August 4, 2006, Police Officer John Bellico and Sergeant Brian Hennessy responded to a radio call informing them of a stabbing in progress on the fifth floor of an apartment complex in Rockaway Beach. Bellico and Hennessy…
2Cases cited38 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- Brigham City v. StuartSupreme Court of the United States · 2006
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- Devenpeck v. AlfordSupreme Court of the United States · 2004
- Hill v. CaliforniaSupreme Court of the United States · 1971
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3Cited by35 opinions
- People v. TroyerCalifornia Supreme Court · 2011
- Goben v. CommonwealthKentucky Supreme Court · 2016
- People v. McClendonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RossiAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MeyersAppellate Division of the Supreme Court of the State of New York · 2011
30 more not listed; retrieve them via the Exa API.