Opinion
November 18, 1993
Appeal from the Supreme Court, New York County [Beverly Cohen, J.].
Petitioner, despite indicating that she would respond to her tour of duty, albeit late, never appeared. After numerous telephone calls from friends, co-workers and supervisors, and an attempt to enter petitioner's apartment by a friend, police were provided a key to her apartment by the building manager and gained entry. They observed petitioner unconscious on the couch, apparently intoxicated, and a bottle of rum on the floor. After regaining consciousness, she went to change, leaving her fellow officers in the living room, where they observed a straw and cocaine residue in plain view. This residue and the positive results of a urine test constitute substantial evidence sufficient to support the termination of employment. That the police were beneficially motivated in entering the apartment is conceded by petitioner. Under the standards set forth in People v Mitchell ( 39 N.Y.2d 173, cert denied 426 U.S. 953), the emergency doctrine justified the warrantless entry.
Concur — Carro, J.P., Rosenberger, Ellerin and Asch, JJ.