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People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1996
232 A.D.2d 273 (N.Y. App. Div. 1996)

Summary

In Gonzalez, a prosecution for possession of a controlled substance and gambling devices, the appellate court held that the emergency doctrine was applicable.

Summary of this case from People v. Lee

Opinion

October 22, 1996.

Order, Supreme Court, Bronx County (Richard Price, J.), entered November 17, 1995, which, in a prosecution for criminal possession of a controlled substance in the third degree (two counts), possession of a gambling device, and promoting gambling in the second degree, granted defendant's renewal/reargument motion to suppress physical evidence and there-upon granted suppression, unanimously reversed, on the law and the facts, and renewal/reargument denied and the initial denial of suppression reinstated.

Before: Sullivan, J. P., Ellerin, Ross and Williams, JJ.


We concur in the view taken by the hearing court on its initial review of the circumstances herein. While the People's arguments must fail as to defendant's lack of an expectation of privacy ( see, People v Green, 81 AD2d 621) and alleged consent to the field team's entry into the social club ( see, People v Whitehurst, 25 NY2d 389), their contentions with respect to the applicability of the emergency doctrine are valid. The failure of the undercover to emerge from the social club after 10 minutes beyond the usual 20 minute period he was allotted to investigate a premises created a reasonable basis for the team to believe that an emergency existed and that there was an immediate need for their assistance to protect his life. This, along with the indications in the record that the subsequent search was not primarily motivated by intent to arrest and to seize evidence and that there was probable cause to associate the emergency with the area or place to be searched, was sufficient to warrant the field team's entry ( see, People v Mitchell, 39 NY2d 173, 177-178, cert denied 426 US 953; People v Radcliffe, 185 AD2d 662, lv denied 80 NY2d 976).

Upon their lawful entry into the social club, the field team observed the liquor and the gambling machines in plain view. However, they did not seize these items until the undercover advised them by radio that defendant had sold him an alcoholic beverage, that defendant had used cocaine in his presence and that defendant controlled the gambling devices ( see, People v Dodt, 61 NY2d 408). The undercover's communication provided the team with probable cause to seize the liquor and, in the course of doing so, the cocaine came into plain view and was lawfully seized as well ( see, People v Spinelli, 35 NY2d 77; People v Manganaro, 176 AD2d 354, lv denied 79 NY2d 860). Hence, the motion to suppress physical evidence should have been denied. There was no basis in defendant's reargument/renewal motion papers to grant such application or reconsider the initial determination.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1996
232 A.D.2d 273 (N.Y. App. Div. 1996)

In Gonzalez, a prosecution for possession of a controlled substance and gambling devices, the appellate court held that the emergency doctrine was applicable.

Summary of this case from People v. Lee

In Gonzalez, a prosecution for possession of a controlled substance and gambling devices, the appellate court held that the emergency doctrine was applicable.

Summary of this case from People v. Lee

In People v Gonzalez (232 AD2d 273 [1st Dept 1996]), the appellate court reversed the order of the hearing court that granted, upon renewal, the motion to suppress.

Summary of this case from People v. Lee

In People v. Gonzalez, 232 A.D.2d 273 (1st Dep't 1996), the appellate court reversed the order of the hearing court that granted, upon renewal, the motion to suppress.

Summary of this case from People v. Lee
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM GONZALEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 22, 1996

Citations

232 A.D.2d 273 (N.Y. App. Div. 1996)
648 N.Y.S.2d 553

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Probable cause existed for the entry into the apartment. In People v. Gonzalez, 232 A.D.2d 273 (1st Dep't…

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Probable cause existed for the entry into the apartment. In People v Gonzalez (232 AD2d 273 [1st Dept 1996]),…