Opinion
July 12, 1985
Appeal from the Oneida County Court, Buckley, J.
Present — Doerr, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The court properly refused to suppress drugs and drug paraphernalia discovered at the scene of an automobile accident. The record indicates that the opening of the hatchback and search of defendant's automobile were prompted by defendant's statements that other individuals were trapped in the vehicle. Warrantless searches are justified in such emergency situations ( see, People v. Mitchell, 39 N.Y.2d 173, cert denied 426 U.S. 953; People v. Cruz, 89 A.D.2d 526, affd 59 N.Y.2d 984). The police, therefore, properly seized the contraband that was in plain view ( see, Coolidge v. New Hampshire, 403 U.S. 443, reh denied 404 U.S. 874; People v. Battaglia, 82 A.D.2d 389, revd on other grounds 56 N.Y.2d 558).