The following excerpt is from People v. Daye, 109 N.Y.S.3d 836 (Table), 60 Misc.3d 1205 (A) (N.Y. Crim. Ct. 2018):
On the other hand, courts have applied the emergency exception to the warrant requirement only in limited situations where the police had an objectively reasonable basis to believe that persons inside of the house were "in need of immediate aid," People v. Ringel , supra as indicated in the cases cited below:
In People v. Molnar , 98 NY2d 328 police entered defendant's apartment without a warrant after they received a 911 call that there was a strange odor coming from defendant's apartment and upon arrival, defendant's neighbor told the officers he had to vacate his own apartment because the smell was "unbearably putrid." The police confirmed that the rotting smell "surely suggested" that it came from a rotting body that was emanating from defendant's apartment. Further, upon entering the defendant's apartment, the police discovered a decomposing corpse inside of a closet.
In People v. Dixon , 281 AD2d 430 the police entered the defendant's apartment without a warrant after receiving a radio transmission that the defendant had just killed his wife and was alone in the apartment with a baby.
In People v. Adams , 236 AD2d 293, the police entered defendant's home without a warrant after they had probable cause to believe that the defendant had left a loaded pistol in his apartment and there was immediate danger to the children currently located therein.
In People v. Bruen , 119 AD2d 685 the police entered the defendant's apartment without a warrant after the defendant brought her deceased child to the emergency department with bruising all over the child's body and the police learned that defendant's six year old twins were left alone in defendant's apartment.
In People v. Williams , 146 AD3d 906, the police entered the defendant's apartment without a warrant after they responded to a report of an assault in progress with a possible firearm; when the police arrived the defendant ran from the scene; the complainant told officers the defendant assaulted him and threatened him with a metal pipe and a gun and defendant's mother informed officers that defendant was in his home with his wife and children.
In People v. Hodge , 2 AD3d 1428 the police arrived at the defendant's apartment to make a "mental health arrest" of the defendant's girlfriend, the defendant was outside yelling in a loud manner and behaving wildly and a child inside of the house screamed to the police that the defendant was going crazy.
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