Warrantless Entry Unjustified

Police entered the apartment without a warrant based on the emergency exception.  The Appellate Term concluded that the evidence adduced at the hearing did not establish reasonable grounds to believe that an emergency existed that required the immediate need for police assistance.  The suppression motion should have been granted.  As the prosecution could not prove guilt without the suppressed evidence, the plea was vacated and the accusatory instrument  dismissed. Conviction Reversed, Plea Vacated, & Accusatory Instrument Dismissed.

Olivia Gee and Michael Arthus represented Mr. Hunter