Failure of An Undercover Cop to Emerge on Time ''Activated' the Emergency Doctrine
In People v. Gonzalez (232 AD2d 273 [1st Dept 1996]), a prosecution for possession of a controlled substance and gambling devices, the appellate court held that the emergency doctrine was applicable.
The Court stated:
"The failure of the undercover to emerge from the social club after 10 minutes beyond the usual 20 minute period he was allotted to investigate a premises created a reasonable basis for the team to believe that an emergency existed and that there was an immediate need for their assistance to protect his life." (Id., at 274.)