| People v Maragh |
| 2018 NY Slip Op 01483 [159 AD3d 722] |
| March 7, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Mark Maragh, Appellant. |
Paul Skip Laisure, New York, NY (Ronald Zapata of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, andTerrence F. Heller of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Daniel K.Chun, J.), rendered August 6, 2014, convicting him of criminal possession of a weapon in thethird degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.The appeal brings up for review the denial, after a hearing (William M. Harrington, Jr.), of thatbranch of the defendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied that branch of hisomnibus motion which was to suppress physical evidence. The People established that the policewere confronted with an emergency situation in which there was an immediate need for theirassistance for the protection of life, the search was not motivated by an intent to arrest and seizeevidence, and there was a reasonable basis, approximating probable cause, to associate theemergency with the area to be searched (see People v Mitchell, 39 NY2d 173, 177-178[1976]; People v Timmons, 54AD3d 883, 884 [2008]). The evidence at the suppression hearing established that the officerswere responding to a report of a dispute involving a gun between two persons in the back roomof a house. After ringing the doorbell and knocking on the front door of the house and receivingno answer, the officers entered the unlocked front door of the house. Under these circumstances,the officers' entry was justified by the emergency doctrine (see People v Timmons, 54AD3d at 884; People v Robinson, 225 AD2d 399, 399-400 [1996]; People vLove, 204 AD2d 97, 97-98 [1994], affd 84 NY2d 917 [1994]; People vLewis, 108 AD2d 872, 872-873 [1985]). Mastro, J.P., Chambers, Duffy and Connolly, JJ.,concur.