Opinion
January 31, 1995
Appeal from the Supreme Court, New York County (Joan Carey, J.).
As we held on the appeal of one of defendant's codefendants, the police, responding to a radio run of a domestic dispute, were justified in entering the bedroom of codefendant Silvia Paez to inquire about her safety and determine if police intervention was needed (People v. Paez, 202 A.D.2d 239, lv denied 84 N.Y.2d 871; see generally, People v. Mitchell, 39 N.Y.2d 173, 177, cert denied 426 U.S. 953).
And, as we also held, "[s]ince the police were lawfully in the room, their discovery of weapons and contraband in plain view was not the result of an illegal search and seizure, and the ensuing search of the room and security check of the premises, resulting in discovery of additional weapons and contraband, was not violative of defendant's Fourth Amendment rights." (Supra, at 239.)
Concur — Sullivan, J.P., Ellerin, Rubin and Williams, JJ.