Opinion
November 9, 1998
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court correctly determined that the warrantless entry by the police into his apartment was justified under the emergency doctrine ( see, People v. Mitchell, 39 N.Y.2d 173, cert denied 426 U.S. 953; People v. Hodge, 44 N.Y.2d 553; People v. Taper, 105 A.D.2d 813). The hearing court was also correct in finding that even if the warrantless entry were not so justified, suppression was not required because the defendant voluntarily consented to it ( see, People v. Smith, 239 A.D.2d 219; People v. Brown, 234 A.D.2d 211, affd 91 N.Y.2d 854; People v. Gonzalez, 222 A.D.2d 453; People v. Washington, 209 A.D.2d 817; People v. Satornino, 153 A.D.2d 595). Consequently, those branches of the defendant's omnibus motion which were to suppress both physical evidence and his statements were properly denied.
Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.