People v. Dallas

OPINION OF THE COURT

Memorandum.

The order of the County Court should be affirmed.

Defendant challenges a search of his apartment conducted under the “emergency” doctrine. We stated the elements of that doctrine in People v Mitchell (39 NY2d 173, 177-178 [1976]) as follows:

“(1) The police must have reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property.

“(2) The search must not be primarily motivated by intent to arrest and seize evidence.

“(3) There must be some reasonable basis, approximating probable…