People v. Funches

In People v. Funches (89 N.Y.2d 1005 [1997]), the police responded to a call involving a dispute at a residence. The police received permission from a resident to enter a fire escape. They found a loaded handgun on the fire escape. They then climbed down the fire escape to the floor below. They peered into an open window and observed drugs and drug paraphernalia in plain view. The Court of Appeals in holding that the evidence should not be suppressed stated (at 1007): "Given the discovery of the loaded handgun and the radio report of two men involved in a dispute, the trial court's determination that exigent circumstances justified a warrantless entry into the apartment, in order to avert the threat of danger to the police officers on the scene, was . . . supported on the record."