Opinion
June 27, 1995
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
Suppression was properly denied on the ground that the officers reasonably relied upon information provided to them by a confidential informant that a rape was in progress ( People v Mitchell, 39 N.Y.2d 173, 177-178, cert denied 426 U.S. 953). The court has examined the sealed record of the Darden hearing conducted by Justice Newton on April 19, 1992. Although it was later discovered that the informant had fabricated the rape story, the fact remains that the officers' intrusion without a warrant was motivated not by an intent to seize the guns or drugs that were eventually recovered, but by a reasonable belief that an emergency situation required their immediate assistance ( People v. Diaz, 170 A.D.2d 618, lv denied 79 N.Y.2d 855).
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Nardelli, JJ.