People v. John Gibson


AD3 order dated May 29, 2014, affirming judgment of conviction. Decision below: 117 AD3d 1317, 986 NYS2d 660. Rose, J. (AD dissenter), granted leave July 24, 2014.
ISSUES PRESENTED: (1) Whether the police established the existence of emergency circumstances justifying the warrantless entry into defendant’s apartment; although the police had reason to believe a weapon was inside the apartment, the defendant was already under arrest outside the apartment, which was unoccupied at the time. (2) Probable cause to arrest. (3) The sufficiency of the indictment as to third-degree weapon possession, where the language failed to specify whether the indictment was for an imitation pistol (PL §265.01[2]) or a dangerous weapon (PL §265.02[1]). (Assigned counsel: John P.M. Wappett, Warren County P.D., 1340 State Route 9, Lake George, NY 12845.)