Summary
In People v Paez (202 AD2d 239, lv denied 84 NY2d 871), the police, who had responded to a report of a domestic dispute, were told by the man who answered the door that everything was all right, but then, after asking whether the "lady of the house" was home, were invited into the apartment and directed toward the bedroom where the only woman present was standing in the doorway (id.).
Summary of this case from People v. JassanOpinion
March 8, 1994
Appeal from the Supreme Court, New York County (Joan B. Carey, J.).
Evidence at the hearing was that the police, responding to a report of a domestic dispute, were told by the man who answered the door that everything was allright, but then, after asking whether the "lady of the house" was home, were invited into the apartment and pointed toward the bedroom where the only woman present was standing in the doorway. We agree with the hearing court that despite the assurances of the man who answered the door, the police were justified in entering the bedroom to speak to this woman and determine whether she was safe. Since 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 the discovery of additional weapons and contraband, was not violative of defendant's Fourth Amendment rights (see, People v. Hollman, 79 N.Y.2d 181).
Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.