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PEOPLE v. DALLAS

8 N.Y.3d 890 (2007)

865 N.E.2d 1

832 N.Y.S.2d 893

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAGNUS DALLAS, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 2007.

Attorney(s) appearing for the Case

Bryan Law Firm, Syracuse (Bruce R. Bryan and Paul A. Carey of counsel), for appellant.

William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell and Audra Albright of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Judge JONES taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the County Court should be affirmed.

Defendant challenges a search of his apartment conducted under the "emergency" doctrine. We stated the elements of that doctrine in People v Mitchell (39 N.Y.2d 173, 177-178 [1976]) as follows:

"(1) The police must have reasonable grounds to believe that there is an emergency at hand and an immediate need for their...

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