Criscione v. City of New York

Criscione v. City of New York, 97 NY2d 152, 762 N.E.2d 342, 736 N.Y.S.2d 656 (2001) involved a collision between a police cruiser and a civilian vehicle that occurred after the officers in the cruiser had received a radio dispatch to respond to a 911 call of a domestic dispute, which was neither considered criminal in nature, nor classified by the police radio code transmitted to the cruiser as an emergency. In Criscione, the Court of Appeals held that the police cruiser involved was an "authorized emergency vehicle," as defined in VTL 101, and that it was engaged in an "emergency operation" pursuant to VTL 114-b, because it was "responding to ... a police call" (97 NY2d at 157), noting that section 114-b did not define a "police call," but that "we see no reason why a radio call to officers on patrol by a police dispatcher regarding a 911 complaint should not fall squarely within the plain meaning of that term, nor do we discern any legislative intent to vary the definition of 'emergency operation' based on individual police department incident classifications (Criscione v. City of New York, 97 NY2d at 157). The Court of Appeals held further that a patrol vehicle responding to a police dispatch to investigate a 911 call is involved in an "emergency operation" as a matter of law, and it is "irrelevant whether the officers believed that the ... call was an emergency or how the Police Department categorized this type of call" (id. at 158).