green
Positive treatment
7.8 score
Top citers, strongest first. 3 distinct citers.
discussed
Cited as authority (rule)
People v. Garno
The entry and search occurred immediately after firefighters extinguished the fire that defendant had set during a standoff with police and were undertaken to determine whether there were other individuals present in the home who may have been injured by the fire ( see People v Samuel , 152 AD3d 1202 , 1203-1204 [4th Dept 2017], lv denied 30 NY3d 983 [2017]; People v Junious , 145 AD3d 1606, 1608-1609 [4th Dept 2016], lv denied 29 NY3d 1033 [2017], reconsideration denied 29 NY3d 1129 [2017]; People v Klossner , 145 AD3d 1648, 1649 [4th Dept 2016]).
discussed
Cited as authority (rule)
People v. Crippen
In our view, and contrary to defendant’s argument, we find that the evidence demonstrates that there were exigent circumstances to justify the officers’ entry into defendant’s mother’s apartment and probable cause for the arrest (see People v Junious, 145 AD3d 1606, 1608 [2016], lv denied 29 NY3d 1033 [2017]; People v Musto, 106 AD3d at 1381 ).
discussed
Cited "see, e.g."
People v. Holmes
Thus, in light of all the facts, we agree with the court that "there was an urgent need that justifie[d] a warrantless entry" ( id. [internal quotation marks omitted]; see People v Crippen , 156 AD3d 946, 949 [3d Dept 2017]; People v Stevens , 57 AD3d 1515, 1515-1516 [4th Dept 2008], lv denied 12 NY3d 822 [2009]; see also People v Junious , 145 AD3d 1606 , 1608 [4th Dept 2016], lv denied 29 NY3d 1033 [2017], reconsideration denied 29 NY3d 1129 [2017]).
In the Matter of Michael Frederick
v.
Donald E. Venetozzi, Director, Special Housing Unit, New York State Department of Corrections and Community Supervision
v.
Donald E. Venetozzi, Director, Special Housing Unit, New York State Department of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
Carni, Curran, Peradotto, Scudder, Troutman.
Published
—Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Cayuga County [Thomas G. Leone, A.J.], entered April 22, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated an inmate rule.
It is hereby ordered that the determination is unanimously
confirmed without costs and the petition is dismissed.
Present—Peradotto, J.P., Carni, Curran, Troutman and Scudder, JJ.