Opinion
January 8, 1991
Appeal from the Supreme Court, New York County, Jay Gold, J., Martin Rettinger, J.
On two separate occasions, police officers responded to defendant's apartment based on anonymous calls to 911. The first call reported a man having been shot in defendant's apartment. When the police arrived, defendant was wearing a gun holster, and in securing defendant, police officers observed narcotics in plain view. On the second occasion, responding to a report of a rape in progress, defendant opened the door, saw the officers, and then ran into the apartment. The officers again, in restraining defendant, observed narcotics in plain view.
Defendant's motion to suppress the physical evidence was denied pursuant to People v Mitchell ( 39 N.Y.2d 173, cert denied 426 U.S. 953). While the anonymous phone reports in themselves might not have justified a warrantless entry, we agree that in view of the situation confronting the officers on each occasion, exigent circumstances existed relieving them from the requirement that a warrant be obtained.
Concur — Kupferman, J.P., Carro, Asch and Wallach, JJ.