Opinion
March 9, 1998
Appeal from the Supreme Court, Kings County (Lebowitz, J.).
Ordered that the judgment is modified, on the law, by reversing the convictions of criminal possession of a weapon in the first degree under counts one, two, and three of the indictment, and vacating the sentences imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on those counts of the indictment.
Contrary to the defendant's contention, the hearing court correctly determined that the officers' warrantless entry into the defendant's apartment was justified under the emergency doctrine ( see, People v. Mitchell, 39 N.Y.2d 173, cert. denied 426 U.S. 953; People v. Gallmon, 19 N.Y.2d 389; People v. Kane, 175 A.D.2d 881; United States v. Boyd, 407 F. Supp. 693). Consequently, that branch of the defendant's omnibus motion which was to suppress the weapons recovered from the apartment was properly denied.
However, under the particular facts of this case, the trial court erred in denying the defendant's application to offer psychiatric testimony to negate the element of specific intent in the three counts of criminal possession of a weapon in the first degree ( see, Penal Law § 265.04, 265.15 Penal [4]; People v. Segal, 54 N.Y.2d 58, 66; People v. Colavecchio, 11 A.D.2d 161). Accordingly, the matter must be remitted for a new trial on those counts.
Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.